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Old 06-08-2016, 01:29 PM
 
4 posts, read 4,814 times
Reputation: 10

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I've been living here since 12/18/15. (Prior to this date, I had given Richard half of the deposit--$400). We had an agreement (verbal) would move in on this day, as my dad and uncle were helping with the move and uhaul facilitation. Upon the last load of the move-in, Richard throws a fit and claims that if I move in now, he'll need an extra $100 upfront. I didn't have the money on-hand, but my uncle footed the $100 for me, I gave it to him, and everything seemed ok.

Nearing the end of April 2016, I issued Richard an intent to move letter with the time to be 100% moved out by the end of July. I gave him 3mo's to work out whatever arrangements he needed to as well as the refund of my $400 deposit. I figured this was more than fair, considering a 30-day intent to move is all that is/was required of me. Upon coming home from work yesterday morning, there is a note taped to my door (dated 5/27/16..actual date was 6/7/16). In this note, he put that he is rescinding my privilege to live here b/c he says that my cleanliness in my personal space is not to his standards. (Last I was aware, this is/was an invasion of privacy, as I've never given him access to my room..without my consent/presence). Then he goes on to say that he's have the locks changed as of the 22nd, and I have until the 21st to get out. But wouldn't a 30 day notice apply here as well? Note.. I've already paid for this month, so technically, I should be able to stay (for what I've paid) til the end of the month. I brought this to his attention, but he claims that b/c I moved in on 12/18, it's 2 weeks instead of one and I only gave him $100 which only covered one week. The issue therein lies...that the $100 he [Richard] demanded upon my move-in were his terms and he stated nothing else about needing an extra $100. (My father and uncle are witnesses here). So, now he's claiming about me moving in 2wks early, he's entitled to put me out one week shy of the end of the month. Another thing, he told me in another conversation..is that him kicking me out actually had nothing to do with the "state" of my room, but rather the person he's moving in to replace me is in a crunch and needs the space "pronto". Is this really my problem....I've paid til the end of the month.

Lastly, in his note, he claims that he will not give back any part of my deposit until after 60-90 days and that's pending he doesn't need to use my money to pay for damages (of which there are none) and unpaid utility bills (which..mind you..I'd planned to pay anyway before I moved out). I've read in several places online that NC Landlord & Tenant Law clearly states that the security deposit must be returned (whatever portion remains) within 30 days..and can span to 60 days with just cause and notification. The law also states that I, as the tenant, have a legal right to be there when the space is inspected. So, if you're changing the locks and refusing my right of entry, then my rights are being violated. At the bottom of his note, he again 'claims' that this letter has been copied to his attorney. But my question, too, is.. Would an attorney really accept a letter as such and know that some of the contents therein are a direct violation of NC Landlord & Tenant Law(s)?!

State: North Carolina
Leaseholder: NO
On Lease: YES (authorized occupant)

Spoke to landlord (apartment company) and they would rather not get in the midst of this, but was assured they didn't want any trouble (or the police called) over t/here.

And my options [now]...are?!

Thanks for your help/attention!
Zombi
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Old 06-08-2016, 01:58 PM
 
Location: NC
1,836 posts, read 1,598,057 times
Reputation: 1793
Sounds like you need an attorney.
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Old 06-08-2016, 02:41 PM
 
16,421 posts, read 12,519,494 times
Reputation: 59649
No, he can't just change the locks. There is a legal eviction process that he must follow.

Read up here and get an attorney.
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Old 06-08-2016, 02:49 PM
 
253 posts, read 236,609 times
Reputation: 308
If you qualify, Legal Aid has a Lawyer-on-the-Line hotline that helps with landlord-tenant issues. www. legalaidnc.org
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