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What Are Permitted Uses of the Security Deposit by a Landlord or Agent?

In North Carolina, a landlord or property manager cannot use a security deposit however they want.

State law strictly limits what the deposit may be applied to, and any deductions must be lawful, itemized, and tied to real costs after the tenancy ends.

Here's what landlords can and cannot use a security deposit for.


Permitted Uses of a Security Deposit in North Carolina

After you move out and return possession of the property, a landlord may apply the security deposit toward:

  • Unpaid rent owed at the end of the tenancy
  • Damage beyond normal wear and tear
  • Cleaning costs required due to excessive filth or neglect
  • Costs caused by lease violations that result in actual financial loss
  • Unreturned keys, remotes, or access devices, if addressed in the lease
  • Court costs related to summary ejectment, if allowed by the lease

These deductions must be reasonable, documented, and itemized.

For context on how deposits are handled at move-out, see: https://know.movezen360.com/what-will-happen-to-my-security-deposit-at-the-end-of-my-lease-term


What Counts as "Damage" vs. Normal Wear and Tear

This distinction matters a lot.

Normal wear and tear (not deductible) includes:

  • Minor scuffs on walls
  • Worn carpet from ordinary use
  • Faded paint
  • Loose handles or hinges from age

Damage beyond normal wear and tear (potentially deductible) includes:

  • Large holes in walls
  • Broken fixtures caused by misuse
  • Pet damage beyond ordinary wear
  • Stains, burns, or gouges
  • Missing or damaged appliances

Routine aging of the home is not your financial responsibility.


Cleaning Charges: What's Allowed

A landlord may deduct cleaning costs only if the unit was left excessively dirty, cleaning goes beyond normal turnover cleaning, and costs are tied to actual services performed.

Light dust, normal floor wear, or routine repainting are generally not deductible.

 


What Security Deposits Cannot Be Used For

Landlords and agents may not use a security deposit for:

  • Normal wear and tear
  • Routine maintenance
  • Upgrades or renovations
  • Improvements that increase property value
  • Pre-existing issues noted at move-in
  • Costs unrelated to your tenancy
  • Charges not allowed by the lease

Deposits are meant to cover loss, not to improve the property.


Timing and Documentation Requirements

Even when deductions are allowed, the landlord must provide a written, itemized accounting, deposit return or interim accounting must occur within 30 days, and final accounting must be completed within 60 days.

More on timelines here: https://know.movezen360.com/is-there-a-deadline-by-which-the-landlord-or-agent-must-return-a-security-deposit

 


How Early Move-Out or Unpaid Rent Affects Deductions

If you vacate early or owe rent, unpaid rent may be deducted, lease termination fees may apply if lawful and disclosed, and the landlord must still mitigate damages by attempting to re-rent.

Related reading:

 


What Renters Can Do to Protect Their Deposit

  • Document move-in condition with photos
  • Follow move-out instructions carefully
  • Clean thoroughly before leaving
  • Repair tenant-caused damage if permitted
  • Return all keys and access devices
  • Provide a forwarding address in writing

Good documentation reduces disputes later.

 


Frequently Asked Questions

Can a landlord charge for repainting?
Only if repainting is required due to damage beyond normal wear.

Can cleaning always be deducted?
No. Only excessive cleaning beyond ordinary use.

Can a landlord deduct for carpet replacement?
Only if damage exceeds normal wear and tear and the carpet hasn't reached the end of its useful life.

Can deductions exceed my deposit?
Yes, but only for lawful charges. You may still owe additional amounts.

Can estimates be used instead of actual costs?
Final deductions should reflect actual or reasonably certain costs, not vague estimates.


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