North Carolina Complaint - Lessor Failure to Return Security Deposit

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Multi-State
Control #:
US-01622
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This form is a sample civil complaint for a lawsuit for damages. It will need to be adapted to fit your facts and circumstances, and to comply with your state's procedural law.The form is a useful model from which to base your Complaint.
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FAQ

§ 42-55. Remedies. If the landlord or the landlord's successor in interest fails to account for and refund the balance of the tenant's security deposit as required by this Article, the tenant may institute a civil action to require the accounting of and the recovery of the balance of the deposit.

Tenants can sue landlords in small claims court for the return of their deposit, up to a dollar amount of $5,000. See Filing a Security Deposit Lawsuit in North Carolina Small Claims Court for advice for tenants filing suit.

If possible, you should try to give your notice to the landlord in writing. If your notice of repairs is in writing you can keep a record of the date you made the request. If the landlord refuses to make repairs and you have to go to court, then you can show that the landlord knew of the defects in your house.

To report landlord-tenant concerns or report housing discrimination, please call 336-373-2038, e-mail Human Rights, or fill out an online request for assistance.

North Carolina law says that your landlord must keep your housing fit and safe. It also says that you, the tenant, must pay your rent, keep your home clean, and not damage your home. To make the law work, both the tenant and the landlord must do their part.

Once your tenant moves out, you have exactly thirty days to return the tenant's security deposit. You must return it either in person or via a certified mail. If there are any deductions to make, you can extend the period to return the renter's security deposit to sixty days.

The North Carolina Office of Administrative Hearings and the Fair Housing Act prohibit landlords from discriminating against potential tenants because of their race, religion, familial status, sex, gender, etc.

To report landlord-tenant concerns or report housing discrimination, please call 336-373-2038, e-mail Human Rights, or fill out an online request for assistance.

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North Carolina Complaint - Lessor Failure to Return Security Deposit