Landlord sent a bill months after moving out

[Jacksonw]

North Carolina - Charlotte

I rented an apartment with my fiance. We Moved out May 18th and just recieved a bill for damages of 509$ on August 1st. The charges are legitimate however the letter was mailed out 76 days after our move out date. I was under the impression that in NC they had 30 days to return your security deposit minus damages. The apartment was re-rented on May 24th. Does anyone know if they waited too long to send out the bill or if I have to pay it? Thank you!

 

[adjusterjack]

See NC Statute 42-52 and 42-55

https://www.ncleg.net/gascripts/Statutes/StatutesTOC.pl?Chapter=0042

Should tell you what you need to know.

 

[laurakaye]

North Carolina - Charlotte

I rented an apartment with my fiance. We Moved out May 18th and just recieved a bill for damages of 509$ on August 1st. The charges are legitimate however the letter was mailed out 76 days after our move out date. I was under the impression that in NC they had 30 days to return your security deposit minus damages. The apartment was re-rented on May 24th. Does anyone know if they waited too long to send out the bill or if I have to pay it? Thank you!

NCGS § 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 of the premises to the landlord. If the extent of the landlord's claim against the security deposit cannot be determined within 30 days, the landlord shall provide the tenant with an interim accounting no later than 30 days after termination of the tenancy and delivery of possession of the premises to the landlord and shall provide a final accounting within 60 days after termination of the tenancy and delivery of possession of the premises to the landlord. 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; 2009-279, s. 5.)

Looks like the landlord missed the window of opportunity to keep your security deposit. You might have grounds to have your deposit returned in full.

 

[Gail in Georgia]

Was this taken out of your security deposit or simply a bill for damages? At move out did you provide your previous landlord with your new address?

Gail

 

[Jacksonw]

Was this taken out of your security deposit or simply a bill for damages? At move out did you provide your previous landlord with your new address?

Gail

I did not pay a security deposit. This envelope included a ledger with all charges and payments throughout the duration of the lease along with a bill for damages. It says if I don't pay in 30 days they will send it to collections. The paperwork is dated for 6/6/18 but the enelope is stamped by USPS as being sent out 8/1/18. Yes I provided them with a forwarding address. Thank you guys for your help

 

[reenzz]

You can’t apply the security deposit law if there wasn’t a security deposit. It’s simply a bill for damages.

 

[Jacksonw]

You can’t apply the security deposit law if there wasn’t a security deposit. It’s simply a bill for damages.

Is there not still a requirement to send it in a timely manner? Sorry I am not very good with law

 

[LdiJ]

Is there not still a requirement to send it in a timely manner? Sorry I am not very good with law

What kind of damages? Particularly those assessed during your lease? How much money are we talking about?

 

[Jacksonw]

What kind of damages? Particularly those assessed during your lease? How much money are we talking about?

The paperwork was a ledger and a "notice to retain security deposit." They waived the security deposit at move in. These damages were assessed after move out on 6/6/18(the date on the notice to retain security deposit). $509 for molding and a door jam that my dog chewed. I had set aside money to pay knowing I would be charged but after 60 days I spent it because I was under the impression there would not be a bill sent due to the amount of time that had passed. The documents were sent out 8/1/18, 76 days after move out. There is also 60$ for a final utility bill included. The apartment was re rented on 5/24/18

Damages =450
Utility Bill =59.86

 

[Gail in Georgia]

So...you knew you owed for these damages and your argument is that they were not quick enough sending you these bills so you spent the money and thus should not owe this?

Gail

 

[xylene]

So...you knew you owed for these damages and your argument is that they were not quick enough sending you these bills so you spent the money and thus should not owe this?

Gail

That may not hold up in moral court, but it is a pretty good case in landlord tenant law.

The law requires prompt notice for a variety of really good reasons that protect the tenant, landlord and public interest.

If that lets a slow landlord's tenant skate on some chewed moulding... that's a small price for all those benefits.

 

[HRZ]

THe short time limit applies only to security deposits and offsets against same...which per your post do not apply.....