North Carolina Security Deposit Deductions
In North Carolina, deposit deductions are limited to the uses in the supplied statute. The landlord must give an itemized statement within 30 days. The record does not include a statutory definition of wear and tear. Ordinary wear is not a lawful charge. The table lists each supplied item rule and citation.
Wear and tear in this record
The supplied North Carolina record does not include a statutory definition of wear and tear. Normal wear and tear is the expected aging of a rental from ordinary living, such as faded paint or carpet worn from walking. Damage is harm beyond that ordinary use, such as a large stain, a burn, or a hole. A landlord can usually charge for tenant-caused damage. A landlord cannot charge for ordinary wear.
Item rules
| Item | Allowed | Rule |
|---|---|---|
| Cleaning | Conditional | Cleaning is not on the closed list of permitted uses in G.S. 42-51. The North Carolina Real Estate Commission’s official tenant brochure states that costs for routine cleaning and maintenance (painting, carpet cleaning, etc.) may not be deducted, but if the tenant leaves the property so filthy that unusual or extraordinary measures are necessary, the landlord may deduct that cleaning cost. (N.C.G.S. § 42-51; N.C.G.S. § 42-52; NCREC Tenant Security Deposit brochure) |
| Carpet replacement | Not stated | No item-specific rule; the general standard applies. No rule specific to this item. A deduction is lawful only for damage beyond normal wear and tear, or for amounts the deposit statute allows (N.C. Gen. Stat. §§ 42-50 to 42-56 (Tenant Security Deposit Act); principal return rule § 42-52). (N.C. Gen. Stat. §§ 42-50 to 42-56 (Tenant Security Deposit Act); principal return rule § 42-52) |
| Painting | Not stated | No item-specific rule; the general standard applies. No rule specific to this item. A deduction is lawful only for damage beyond normal wear and tear, or for amounts the deposit statute allows (N.C. Gen. Stat. §§ 42-50 to 42-56 (Tenant Security Deposit Act); principal return rule § 42-52). (N.C. Gen. Stat. §§ 42-50 to 42-56 (Tenant Security Deposit Act); principal return rule § 42-52) |
| Nail holes and wall damage | Not stated | No item-specific rule; the general standard applies. No rule specific to this item. A deduction is lawful only for damage beyond normal wear and tear, or for amounts the deposit statute allows (N.C. Gen. Stat. §§ 42-50 to 42-56 (Tenant Security Deposit Act); principal return rule § 42-52). (N.C. Gen. Stat. §§ 42-50 to 42-56 (Tenant Security Deposit Act); principal return rule § 42-52) |
| Pet damage | Yes | Deductible as damage to the premises under the closed list in G.S. 42-51(a)(2), excluding normal wear and tear. (N.C.G.S. § 42-51(a)(2)) |
| Unpaid rent and fees | Yes | Closed list: nonpayment of rent and water/sewer/electric costs under G.S. 62-110(g) - (h); damages from nonfulfillment of the rental period (with listed exceptions); unpaid bills that become a lien; re-renting costs after breach including reasonable broker fees; removal/storage after summary ejectment; court costs; and any fee permitted by G.S. 42-46. (N.C.G.S. § 42-51(a)) |
Itemization duty
| Itemization required | Yes |
|---|---|
| Deadline | 30 days |
| Receipts required | No |
| Rule | The landlord shall itemize any damage in writing and mail or deliver it with the balance no later than 30 days after termination and delivery of possession. If the claim cannot be determined in 30 days, an interim accounting is due in 30 days and a final accounting within 60 days. Receipts are not required. |
| Citation | N.C.G.S. § 42-52 |
Burden of proof
No standalone burden-of-proof sentence. The landlord may not retain an amount that exceeds actual damages (G.S. 42-52).
Statute says
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.
What this means
Source accessed: .
If it was deducted anyway
Use the North Carolina demand letter page to ask for the itemized statement and the return of any amount that bills ordinary wear. Cite only a rule listed on this page.
Free North Carolina template, built from verified state data
I rented [rental property address] from [lease start date] to [move-out date]. I paid a security deposit of $[amount]. I returned the keys on [date] and gave you my forwarding address in writing on [date]. Under North Carolina law (N.C. Gen. Stat. §§ 42-50 to 42-56), a landlord must return the deposit or send a written, itemized list of deductions within 30 calendar days after termination of the tenancy and delivery of possession of the premises to the landlord.
FAQ
What security deposit deductions are allowed in North Carolina?
Only the uses in the supplied North Carolina record. The table on this page lists each item with its rule and citation. A general wear-and-tear row is not an item-specific statute.
Does a North Carolina landlord have to itemize deductions?
Yes. The landlord shall itemize any damage in writing and mail or deliver it with the balance no later than 30 days after termination and delivery of possession. If the claim cannot be determined in 30 days, an interim accounting is due in 30 days and a final accounting within 60 days. Receipts are not required.
Who has the burden of proof for a North Carolina deduction?
No standalone burden-of-proof sentence. The landlord may not retain an amount that exceeds actual damages (G.S. 42-52).