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  1. #1

    Default 30 Day Notice to Use a Security Deposit to Cover Rent

    My question involves landlord-tenant law in the State of: North Carolina

    In the middle of May I began subleasing with a woman who is renting a house in Charlotte, NC. At the end of June I lost my job and put in a 30 day notice of moving out. Upon living with her, I gave her a security deposit worth one month's rent, and we have a written agreement that I would give her a 30 day notice of moving out, she would give me a 30 day notice if she needed me to move out, and that my security deposit would cover my last month of rent or be returned to me upon moving out. When I lost my job and gave her my thirty day notice I asked for that security deposit to cover the month of July. She in turn told me that I was liable for rent for the month of July, and that my 30 day notice means I could either receive my deposit back at the end of July or have it cover the month of August. I know that she put my security deposit into a personal account and used it for things unrelated to my occupancy with her. She is threatening to file an eviction notice and sue me for eviction fees. She also let me know that if I couldn't pay my rent for the month of July I would be expected to move out by the 5th. We did not make any agreements to what kind of account she would put my security deposit into. This seems like a violation of our original agreement, this idea that I need to give a thirty day notice with rent of my thirty day notice of moving out if I want to use my security deposit to cover one month's rent, and that she is threatening to kick me out in four days. I was wondering if I have any rights as a sub-leasee in this situation, or if I just have a severe misunderstanding of landlord-tenant law. What should I do?

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: 30 Day Notice to Use a Security Deposit to Cover Rent

    first, what was the actual date you gave the notice?

    does your agreement specify 30 days or 1 month?

    the other problem I see is this:

    and that my security deposit would cover my last month of rent or be returned to me upon moving out.
    Upon whose discretion? In a best case scenario for you, I can see her demanding July's rent from you and upon you leaving at the end of July you should be due your security deposit. Depending on how the questions above are answered, any other answer could vary.

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