some of you may recall me talking here and there about ‘having handled my own legal affairs for over 20 years’. well, this is the latest adventure in this particular arena. it would seem my previous landlord doesn’t intend to return my security deposit.
so… i’ve sat me down and written him a little letter. actually this is the third letter i’ve ever written him, the other two established salient points now helpful to this circumstance, to wit, that the deposit is refundable, and that the unit was vacated in clean and undamaged condition.
in fact, it was cleaner when i left than it was when i got there, but i didn’t see it necessary to point this out. the pictures i took when i vacated serve the point nicely. (my roomie here was laughing at me for taking pictures. he isn’t anymore.)
here’s the letter going out certified mail today.
————–
landlord’s name
and address
July 15, 2008
RE: Return of Deposit; citation of law; advisory of duty; documentation of failure of duty; demand to remedy; notice of intent.
Dear —–,
I am writing in follow up to my numerous phone calls, all of which are unreturned, in relation to the forwarding of my refundable deposit for the duplex unit I vacated at 3469-A NC Highway 54 West, Chapel Hill, North Carolina, 27516.
As you are sure to recall, I placed a deposit of five hundred and eighty five dollars and zero cents ($585.00) with you upon move-in and it was agreed this item was refundable, to be returned within thirty days of move-out in accord with North Carolina law and, of course, with the understanding that all was in order with the unit (e.g. clean, undamaged, etc.).
I vacated the unit on or around June 11, 2008 and, while not under lease or otherwise obligated to provide you with notice, I did, in fact, advise you on or around May 15, 2008 that I would definitely be moving from the unit no later than August 1, 2008.
I paid to you June’s rent in full in the amount of five hundred and eighty-five dollars and zero cents ($585.00) via my check number 186 which was delivered to you on or around May 27, 2008.
When I left the unit, it was clean and in the same or better condition than when I took possession of it. I have pictures of each room, taken the day of my vacating the unit, that I would be pleased to provide copies of should it be necessary.
I am very disappointed to find that my calls to you have been both unanswered and unreturned. I am also disappointed to find we are well past the point at which my deposit should have been returned to me and it has not arrived.
In accord with North Carolina law, I am writing to advise you of the following and to advise as well of my intentions in relation to this matter should it not be rectified immediately:
(1) Citation of law, advisory of duty; documentation of failure of duty
Assertion: You were required by state law to place the deposit I gave you into a trust account and to furnish me with the information relating to where that account is maintained. you did not do this.
Supporting state law: North Carolina General Statute Chapter 42 § 42-50. Deposits from the tenant.
Security deposits from the tenant in residential dwelling units shall be deposited in a trust account with a licensed and insured bank or savings institution located in the State of North Carolina or the landlord may, at his option, furnish a bond from an insurance company licensed to do business in North Carolina. The security deposits from the tenant may be held in a trust account outside of the State of North Carolina only if the landlord provides the tenant with an adequate bond in the amount of said deposits. The landlord or his agent shall notify the tenant within 30 days after the beginning of the lease term of the name and address of the bank or institution where his deposit is currently located or the name of the insurance company providing the bond. (1977, c. 914, s. 1.)
Assertion: You do not have the right to hold or keep the deposit, as no conditions by which you would be so justifed are present:
1) At the time of vacating the unit not only did I not owe you rent, I overpaid rent due. (See attachement “A”, letter)
2) As there was no lease in effect, nor was there any verbal agreement as to the duration of my tenancy, there can be no non-fulfillment of rental period.
3) The unit was returned to you in clean and undamaged condition, thus, there can be no claim based upon damage to the premises.
4) There were no unpaid bills for the unit for which you would have been made responsible, so there can be no claim on the basis of unpaid bills.
5) As there was no lease or verbal agreement as to the duration of tenacy, there can be no breach for which cost of re-renting would be applicable.
6) All items belonging to me were removed by myself or by the PTA Thift Store, leaving the unit free of any property that might require storage, elminating any issue by which witholding would otherwise be
justified.
Supporting state law: North Carolina General Statute Chapter 42 § 42-51. Permitted uses of the deposit.
Security deposits for residential dwelling units shall be permitted only for the tenant’s possible nonpayment of rent, damage to the premises, nonfulfillment of rental period, any unpaid bills which become a lien against the demised property due to the tenant’s occupancy, costs of re-renting the premises after breach by the tenant, costs of removal and storage of tenant’s property after a summary ejectment proceeding or court costs in connection with terminating a tenancy. Such security deposit shall not exceed an amount equal to two weeks’ rent if a tenancy is week to week, one and one-half months’ rent if a tenancy is month to month, and two months’ rent for terms greater than month to month. These deposits must be fully accounted for by the landlord as set forth in G.S. 42-52. (1977,
c. 914, s. 1; 1983, c. 672, s. 3.)
Assertion: The refundable security deposit should have been returned no later than July 11, 2008, and any deductions from it should be clearly documented and explained. This has not occurred and you are presently in violation of North Carolina General Statues.
Supporting state law: North Carolina General Statute Chapter 42 § 42-52. Landlord’s obligations.
Upon termination of the tenancy, money held by the landlord as security may be applied as permitted in G.S. 42-51 or, if not so applied, shall be refunded to the tenant. In either case the landlord in writing shall itemize any damage and mail or deliver same to the tenant, together with the balance of the security deposit, no later than 30 days after termination of the tenancy and delivery of possession by the tenant. If the tenant’s address is unknown the landlord shall apply the deposit as permitted in G.S. 42-51 after a period of 30 days and the landlord shall hold the balance of the deposit for collection by the tenant for at least six months. The landlord may not withhold as damages part of the security deposit for conditions that are due to normal wear and tear nor may the landlord retain an amount from the security deposit which exceeds his actual damages. (1977, c. 914, s. 1.)
(2) Demand to remedy; notification of intent
I am writing to you to demand remedy of this matter within ten business days. I am writing to notify you that should this matter not be remedied, you will leave me no choice but to proceed with legal action in North Carolina Civil Court. I am writing to further advise you that, should such proceedings become necessary, it is my intent to petition both for restoration as well as plenary damages of a willful non-compliance. You may wish to take note that such damages in the state of North Carolina may be awarded up to four times the amount of the matter due in question.
Furthermore, I advise you that, should it come to legal action, I will make a point of pursuing discovery and demanding the production of ALL financial documents as needed to evidence any failure on your part to comply with state law in relation to this matter, and to further establish that said failure was, in fact, willful non-compliance.
I would very much prefer this matter be resolved hastily and without the need for judiciary involvement. This said, I have no compunction whatever in proceeding if it should become required and I want to be very, very clear with you that if I am provoked into the necessity of proceeding with legal action, I fully intend to see it through as mindfully as I would any other matter in which ethic and principle are involved.
With this in mind, I strongly encourage you to make a point of fulfilling your obligations to me under law and seeing this matter to a swift and amicable close.
Most sincerely,
/signed/
————–
the ball is most assuredly in his court and suffice to say, should he choose not to play fair, i’ve more than a little anger and annoyance to work out and he’s just as good a target as any… better, as the circumstances prove. ~decidedly feral, toothy grin~