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Can anyone help me? Here is our situation. My wife and I own and rent out a place at the NC coast. We have a couple who want to lease from us but we have not signed a lease yet. 2 days ago, the wife practically begged me to allow them to simply move some of their stuff in, not occupy the premises, just move a few items in. The way it was left, was after we had received their initial rent check and security deposit, that we would fax them a lease to fill out and they could move in. I explained to her that I did not feel comfortable agreeing to rent our place to them without formally meeting them in person and also getting satisfactory references. I know that was dumb and I regret what I did. Last night, we were given information that greatly concerned my wife and I about this person's character, namely their former rental history. My problem is now, there have been threats made to my wife and I by these people. Does anyone out there know if these people have any legal grounds against us? A deeper concern we have is a threat by this person's granfather. The fact is, this is an interracial couple, and we new that when I agreed to rent our place to them, to allow them to move some things in, as I said though, not to move in. This guy threatened to contact the NAACP about this and maybe file a lawsuit against us on his daughter's behalf. Can anyone shed some light on this for me? Thanks, D
2 days ago, the wife practically begged me to allow them to simply move some of their stuff in, not occupy the premises, just move a few items in.
NO. Absolutely NEVER. For anyone. Not even for someone you know.
The way it was left, was after we had received their initial rent check and security deposit, that we would fax them a lease to fill out and they could move in.
Wrong sequence. Sign the lease (after approval) and do certified funds or cash and keys together.
I explained to her that I did not feel comfortable agreeing to rent our place to them
without formally getting satisfactory references (and meeting them in person) first.
Correct-ed.
Meet ->Apply ->Check References ->Approve (or not)...
THEN deposit and first months rent money... THEN keys
The lease itself is almost meaningless in most instances.
It's nice to have sure, and better to have one than not...
but most of the protections (both ways) are in the written law you (both) still have to follow.
Last night, we were given information that greatly concerned my wife
and I about this person's character, namely their former rental history.
Live and learn; they already knew about this.
My problem is now, there have been threats made to my wife and I by these people.
Call the Sheriff (it won't go anywhere but have it on record)
Can anyone shed some light on this for me? Thanks, D
Quote:
Originally Posted by NativeSon
Deny his application on the grounds of his rental history... Race has nothing to do with it.
Getting them out of the house however... will be more complicated.
Now that they have possession you'll have to do the formal eviction process.
If this is your first time... get a LOCAL lawyer to do it for you.
hth
Last edited by MrRational; 10-16-2011 at 10:05 AM..
I agree with Mr. rational. Never allow someone to take possession in any form without full payment and a signed lease. At this point you have an oral lease, if I recall correctly and must go through the eviction process if you let them move anything in.
At this point I would record any conversation with them on the phone and try to keep all correspondence limited to the mail. And then perhaps look into hiring a management company to handle your property. Being an out-of-town landlord is not easy and can get expensive if you have to make numerous road trips to check on things.
Yes they definitely knew what they were doing and they played you. Don't let them take your kindness for weakness get a lawyer and evict them. If they threaten you tell them to bring it on baby and get a big shotgun in your house, if you want to, if not just ignore their a@@es. They think you are stupid shoe em whose boss you got the money get the lawyer and put em on the streets.
Folks have given you good advice. I know you realize now that you NEVER NEVER NEVER let anyone put their personal belongings or in any way "stay" in a property that you have not gotten a security deposit for, written contract, etc.
Eviction is a PITA in most states. These folks could end up getting two months free rent and tying up your property b/f you can get them out. Go through the magistrate's office and talk to someone in the Sheriff's department for the county in wh/ the property is located if you don't hire an attorney. They can help you with the process - and the Sheriff's office by law has to deliver papers and actually evict the folks.
I am so so sorry. There are a lot of scammers out there and it is sad that people who are trying to be kind get taken advantage of.
Can anyone help me? Here is our situation. My wife and I own and rent out a place at the NC coast. We have a couple who want to lease from us but we have not signed a lease yet. 2 days ago, the wife practically begged me to allow them to simply move some of their stuff in, not occupy the premises, just move a few items in. The way it was left, was after we had received their initial rent check and security deposit, that we would fax them a lease to fill out and they could move in. I explained to her that I did not feel comfortable agreeing to rent our place to them without formally meeting them in person and also getting satisfactory references. I know that was dumb and I regret what I did. Last night, we were given information that greatly concerned my wife and I about this person's character, namely their former rental history. My problem is now, there have been threats made to my wife and I by these people. Does anyone out there know if these people have any legal grounds against us? A deeper concern we have is a threat by this person's granfather. The fact is, this is an interracial couple, and we new that when I agreed to rent our place to them, to allow them to move some things in, as I said though, not to move in. This guy threatened to contact the NAACP about this and maybe file a lawsuit against us on his daughter's behalf. Can anyone shed some light on this for me? Thanks, D
You can't file a lawsuit on someone elses behalf. You have to have standing and seed donation isn't enough. See if you can get them to repeat the threat while you are recording the phone call.
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