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  1. #1
    Join Date
    May 2006
    Posts
    39

    Default Demand of Security Deposit

    My question involves a security deposit in the State of: NC

    Here's a my situation

    In NC

    I paid a security deposit of $380 on one day and the lanlord told me she also wanted first months rent. She gave me a receipt showing that I paid the $380 and I told her I would call he in 2 days to pay her the additional $$ owed.

    the next day i called her and told her that I decided not to rent the apt and she told me that she was holding my deposit until the apt could be rented. I told her that was fine. 1 week later i drove by the apt to se that someone had already moved in!!

    I call the landlord back and she told me that my deposit was in a trust account and I would be charged 1 weeks rent. She said dhe would return my deposit on the 1st of the month.

    On the first I called her and she said she would call me with a time to meet so I could get my money back and also stated "We are not crooks, we will give you your money back..

    I am in the process of drafting a demand letter for my deposit and i need to know if

    --the landlord had the legal right to put my deposit in a trust account without my knowledge

    -- the landlord has any legal ground to keep my deposit even thought the property has been rented, we have no lease agreement and I never moved in

    please help

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Demand of Security Deposit

    Your landlord is probably required to hold the money in trust. I'm not going to research your state laws; you can do that yourself if you want to know for sure. But the purpose of a trust account is to protect your money, and many states require security deposits to be held in a special account.

    You apparently had an oral rental agreement and a specific move-in date. If you don't think that your oral lease will hold up in court, you can try to recover the week's rent in small claims court.

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