Breaking the lease in SC: To return or not return the security deposit

[Rodney Dawkins]

I have some college students that have informed me that they are moving out, there lease is not up until the beginning of August and they are leavig next week. They have been verbally informed that they do nto get there security deposit back. Yet they want to debate the issue. My question, can I legally withold the deposit for breaking the lease?

[Ralph S.]

Why even bring up the subject at this point in time? I know, you're a bored, filthy rich landlord needing a little drama in your life! :lol:

Normally, and I would assume this applies in NC, the LL has a certain amount of time after a tenant moves out to determine charges, if any, to apply against the deposit. After tenant damages are addressed, any remainder can be applied to lost rent due to breaking the lease, lack of notice, etc. This is an activity that happens after they move out, not when notice is received.

My suggestion is to let that sleeping dog lie. Let them get the bad news after they are gone and can no longer do any damage. When you send the letter explaining why you're not refunding any of their deposit, make sure your letter is supported by your lease, their notice and NC law. By bringing this to their attention now, they're going to want to argue, and realize there is no reason what-so-ever to leave the place clean and may even do damage as their going away present to you. What fun.

As long as they are in the apartment, my response is always "your deposit will be returned in accordance with the lease agreement and state landlord laws regarding the return of a deposit. Until you move, we won't know. I suggest you leave the place as clean as possible and damage free to ensure you get every dollar back you're entitled to."

They've already decided to move and holding the deposit over their head is not going to get them to stay. That they haven't given a 30 day notice, or made the notice in writing, you still haven't adressed. My response to their verbal and very short notice would be to keep mum on the deposit, and simply ask that they put their notice in writting (usually a requirement, anyway), signed by all the tenants and giving the date they will be out (protects you), then let them know you want to start showing the apartment before they move, with proper notice, and ask them to make sure the apartment is clean, and that they not be there for the showings. It avoids the deposit issue, protects you, shows you are working with the situation and hopefully, they will keep the place clean and it will be clean and in good shape when they leave.

And, know your local laws. Deposit return laws are different in different states. You should be able to find the requirements of returning a deposit in NC by doing an internet search.