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    Brian80's Avatar
    Brian80 Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Oct 18, 2011, 09:12 PM
    North carolina rental laws breaking lease?
    If my tenants leave a lease early and it is not stated in the lease that they can, am I required to give them back a security deposit?
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
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    #2

    Oct 18, 2011, 09:38 PM
    Within 30 days after the tenant has moved out you have to send them either their security deposit or a written notice explaining how the security deposit was used. You are entitled to apply the security deposit to repair any damage they may have cause and you may also apply it to the unpaid rent that came due after they broke the lease until the deposit is used up or you get a new tenant, whichever occurs first.

    You have to make a good faith effort to re-rent the property. If you are able to get a new tenant before the prior tenant's security deposit has been used up then you have to return any remaining balance to them.

    Make sure you send them that written notice within those 30 days after they've moved out!
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Oct 19, 2011, 03:43 AM
    To take what Lisa said a step further. If you do make a good faith effort to rent the property and you are unable to, they will owe rental until you find a new tenant or the lease ends, whichever comes first.

    So, you can sue them for the unpaid rental that the security deposit doesn't cover.
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