In NC Can I sue for the interest on a security deposit that was in escrow for over 12 year's? My former landlord died and my deposit was with held unlawfully , can I sue for three time's the amount of my deposit plus court cost's , being that it has been over a year and I have not received an itemized copy of why my deposit was withheld. Lastly do I sue the estate of my former landlord or who he left his property to in his will? I

  • Location is required to get a decent answer. – mhoran_psprep Oct 17 '14 at 19:19
  • 2
    I am sorry to say, this appears to be a legal question, and will likely be closed as such. Why did you wait 12 years? – JoeTaxpayer Oct 17 '14 at 19:23
  • My landlord just died I lived in the property for 12 years It has only been 1 year since I moved out and his children took over the property. – tomara owens Oct 17 '14 at 19:29
  • Interest on the deposit is supposed to be paid to you each year. If he just died, I'd move fast. It's easy for the estate to be settled and things then get tougher to go after. – JoeTaxpayer Oct 17 '14 at 22:00

You have two issues:

  • The return of the security deposit.
  • The payment for interest.

Look at your states governemnt website for information tenant rights. They will layout the timelines and rules for returning and documenting the security deposit, the rules for interest, and the way to force the landlord to pay.

Some jurisdictions require the the dispute to go to small claims court or to use an arbitrator.

You will probably need to get local legal advice to determine who needs to be served with the papers.

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