North Carolina § 42-51 - Permitted uses of the deposit.

§ 42-51. Permitted uses of the deposit.

Security deposits for residential dwelling units shall be permitted only for the following: The tenant's possible nonpayment of rent and costs for water or sewer services provided pursuant to G.S. 62-110(g) and electric service pursuant to G.S. 62-110(h). Damage to the premises, including damage to or destruction of smoke alarms or carbon monoxide alarms. Damages as the result of the nonfulfillment of the rental period, except where the tenant terminated the rental agreement under G.S. 42-45, G.S. 42-45.1, or because the tenant was forced to leave the property because of the landlord's violation of Article 2A of Chapter 42 of the General Statutes or was constructively evicted by the landlord's violation of G.S. 42-42(a). Any unpaid bills that become a lien against the demised property due to the tenant's occupancy. The costs of re-renting the premises after breach by the tenant, including any reasonable fees or commissions paid by the landlord to a licensed real estate broker to re-rent the premises. The costs of removal and storage of the tenant's property after a summary ejectment proceeding. Court costs. Any fee permitted by G.S. 42-46. The security deposit shall not exceed an amount equal to two weeks' rent if a tenancy is week to week, one and one-half months' rent if a tenancy is month to month, and two months' rent for terms greater than month to month. These deposits must be fully accounted for by the landlord as set forth in G.S. 42-52. History (1977, c. 914, s. 1; 1983, c. 672, s. 3; 2001-502, s. 5; 2004-143, s. 6; 2011-252, s. 3; 2012-17, s. 4; 2012-194, s. 59(a), (b).) Effect of Amendments. - Session Laws 2004-143, s. 6, effective August 1, 2004, in the first sentence, substituted "rent and costs for water or" for "base rent and additional rent for water and" preceding "sewer services," and substituted "that" for "which" preceding "become a lien." Session Laws 2011-252, s. 3, effective October 1, 2011, and applicable to leases entered into on or after that date, inserted "and electric service pursuant to G.S. 62-110(h) " in the first sentence. Session Laws 2012-17, s. 4, effective October 1, 2012, rewrote the section. For applicability, see editor's note. Session Laws 2012-194, s. 59(a), effective October 1, 2012, added "Chapter 42 of" in subdivision (a)(3). Session Laws 2012-194, s. 59(b), effective December 1, 2012, substituted "alarms" for "detectors" twice in subdivision (a)(2).