Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
Hello-- I'm looking for a third party to get some perspective on my situation. Earlier this year, I signed a 1-year lease for a room in a house. The landlord (who lives there too) and I didn't see eye to eye on some things, and it came out too late. The story is much longer than that, of course.
A couple months later he blew up at me and asked me to leave. I wanted to leave too, so it worked out. I paid through June but wasn't really there. At the end of June we met to negotiate about the security deposit, considering that I broke the 1-year lease. We verbally agreed that I would keep paying until he found someone. At this point it's been almost 2 months, so I've effectively paid $1040. The deposit was a 2-month deposit, so it was 1040.
I'm in a new place now, so I'm paying for two places. I believe the law states landlords must give the deposit back within 30 days, which in this case is past. Given that I didn't actually do anything wrong, and though I did break the lease, what can I do here under NC law? Seems to hinge on that verbal agreement.
Thank you for any help...
ps. I did call several legal aid and mediation help lines, but none were able to give advice. Either it didn't deal with enough money, they weren't able to advise on the law, or no one ever picked up...
We verbally agreed that I would keep paying until he found someone.
Two mistakes there ... the fact that it was a verbal agreement, and the fact that you would keep paying until he found someone. Why would he have any motivation to find someone if you've agreed to keep paying?
Do you have any documentation or correspondence showing that you were asked to leave? Anything in writing with him acknowledging that you were breaking the lease? If so, I just wouldn't continue to pay, and consider the deposit a loss. The expensive cost of an important lesson.
Disclaimer: Not an attorney. Nor have I played one on TV. And I didn't stay at a Holiday Inn Express last night.
Nothing in writing besides the lease and that I paid the deposit originally. I wrote an email relinquishing my spot in the house.
Yes several mistakes were made...
I went though a SIMILAR situation with SD and prevailed. I don't know about "keep paying rent", but for the SD Deposit, he has 30 days to either refund the deposit, or give you an itemized account of what he's keeping, and why. If he does not provide it, then he owes you the full deposit. I looked up the statute (which I don't have time to do now, here at work), I quoted it on a formal letter, sent it certified, and had the full check back ASAP.
Where you might run into problems is that you were still on lease (officially) and did not pay your monthly rent. I don't know how to square that, but your SD deposit has very specific laws to follow.
I have rights to it despite the verbal agreement to keep paying? And considering he's a crazy person?
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
