Picayune, MS asked in Landlord - Tenant for North Carolina

Q: The check they sent for my rental deposit bounced and I accrued a bank fee. When should a lawyer get involved?

It took three months after I moved out to get the original check (supposedly due to change of management). After that check bounced, they claimed they were sending a replacement. It has now been another two months without my deposit.

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1 Lawyer Answer
Ben Corcoran
PREMIUM
Ben Corcoran
Answered
  • Yadkinville, NC
  • Licensed in North Carolina

A: Your lease agreement should anticipate bounced checks and specify how it is cured. If it doesn't, you should probably have a lawyer look over your lease and explore drafting a new one.

For the present situation, I would send the tenants a bill for the deposit plus the amount of bank fees you were charged and inform the tenants that failure to pay is likely a breach of the lease and can result in eviction.

All of this is without reviewing your lease, and my advice could change should I have been able to review it.

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