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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.
My opinion is that you are correct and he is incorrect in everything but I am not an attorney. Don't let him rambling about his 'attorney' scare you. It is more than likely just a scare tactic based on his far-fetched and inaccurate claims.
You could stand your own ground and put in writing all of your findings and quote everything based on the NC rental laws (basically everything you said in your post), send it certified/return receipt required and see if that works or you could contact a tenant resource center or legal source yourself to make sure you cover all of your bases and get 100% confirmation that your findings are correct and according to the law and that his are not. Make sure to take really good dated photos prior to your move-out so you have proof.
And his LL should not get involved. This has nothing to do with what is going on between you and your roommate, who is actually your LL in this case.
it all depends on the landlord. i had a roomie once who surprisingly didnt show up for the lease signing and he showed up to move in after that but then started going out of state to visit some chick who he skipped out on rent to move in with.
i had the locks changed when he left and told him his stuff MIGHT be on the curb when he got back.
landlord said "i'll come change the locks for you"
never heard a thing from the roomie him after that.
it all depends on the landlord. i had a roomie once who surprisingly didnt show up for the lease signing and he showed up to move in after that but then started going out of state to visit some chick who he skipped out on rent to move in with.
i had the locks changed when he left and told him his stuff MIGHT be on the curb when he got back.
landlord said "i'll come change the locks for you"
never heard a thing from the roomie him after that.
You just happened to get lucky that the roommate never came back nor fought it. No matter what you do, think you can do or what you may have been lucky enough to get away with it is always necessary to follow the rental laws in your state.
You just happened to get lucky that the roommate never came back nor fought it. No matter what you do, think you can do or what you may have been lucky enough to get away with it is always necessary to follow the rental laws in your state.
when the landlord says something, it usually goes. he just went "im on your side, i'll come change the locks"
i know theres different laws per state, but he missed the lease signing. so he lost his right to have a say.
when the landlord says something, it usually goes. he just went "im on your side, i'll come change the locks"
i know theres different laws per state, but he missed the lease signing. so he lost his right to have a say.
Like I said, you were lucky and it may have worked out in your favor this time however, don't ever believe that just because a LL says something that it means it 'usually goes' or is done lawfully. Both the LL and the tenant still have to follow all state laws.
Like I said, you were lucky and it may have worked out in your favor this time however, don't ever believe that just because a LL says something that it means it 'usually goes' or is done lawfully. Both the LL and the tenant still have to follow all state laws.
how was i lucky the owner sided with me?
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