NC Rental Agreements-
Date: Thu, 03/04/2010 - 08:26
[COLOR=black]I am posting this hoping for some opinion/answers. I pretty much know what can be done, but wanted to make sure.[/COLOR]
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[COLOR=black]I apologize for the long winded post..........[/COLOR]
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[COLOR=black]Background.[/COLOR]
[COLOR=black]Family needed to relocate in a 2 week period due to new jobs, needed to find a rental home, and found one via internet/newspaper. They saw pictures landlord sent, and agreed to home. When the family got there with 1/2 belongings, the home had no power, and had a very strong pet odor and was not clean, home was not as great a shape that the landlord claimed.[/COLOR]
[COLOR=black]With no other leads or alternatives, the family reluctantly signed the lease, thinking they could just clean the home and etc. The family took pictures of all things in question with dated newspaper etc for proof that the damages were there, and not caused by them.[/COLOR]
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[COLOR=black]Landlord made verbal promises to fix/repair things that were damaged that were "security and code violations", landlord never did, husband finally made repairs and asked for reimbursement, which landlord never reimbursed tenant for. Tenant spent a week shampooing carpets, and cleaning pet hair from home.[/COLOR]
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[COLOR=black]This family has paid their rent on time, (showed proof of this) and had kept the home in good condition as well as made improvements.[/COLOR]
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[COLOR=black]Then 4mons into lease, there was a water back up issue in the home causing damage to interior and exterior walls. Cause, was backed up Septic tank that required new lines be run... Landlord took from end of Nov. till end of Jan to make repairs. Tenant had to deal with the backups, torn up back yard, frozen puddles in back yard filled with waste, etc.[/COLOR]
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[COLOR=black]Tennant repeatedly asked for repairs to be finished finally asking to be released from lease. Landlord agreed to release them from lease and live out their security deposit, with a 45 day notice, and agreed to put in writing. [/COLOR]
[COLOR=black]Tennant had drawn up agreements, landlord kept wanting changes thus never getting the agreement finally signed, and finally after 2 months, the tenant informed landlord that they were giving their notice, that they were moving, asked for the agreement to be signed offered to pay 1/2 mo rent since they were giving 60 days notice, and the landlord now does not want a written agreement as requested, now just wants a verbal agreement. But the tenant wants something in writing before they pay the 1/2 month.[/COLOR]
[COLOR=black]Bottom line this family is moving and has already put their money in a new home and is leaving regardless. [/COLOR]
[COLOR=black]Should they demand the agreement be signed prior to giving the ½ month rent, or should they just forget it, and not pay them or worry about the agreement?[/COLOR]
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[COLOR=black]They have 30 days before considered in default, and then they have already gone into their 45 day notice. it would take longer to evict them then it would to live out their notice right?[/COLOR]
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[COLOR=black]thanks!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!:)[/COLOR]
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I would welcome any comments, suggestions or opinions I can forward to them............ they are pretty stressed out and want to do the right thing but again they are tired of being treated like trash.:(
[COLOR=black] [/COLOR]
[COLOR=black]I apologize for the long winded post..........[/COLOR]
[COLOR=black] [/COLOR]
[COLOR=black]Background.[/COLOR]
[COLOR=black]Family needed to relocate in a 2 week period due to new jobs, needed to find a rental home, and found one via internet/newspaper. They saw pictures landlord sent, and agreed to home. When the family got there with 1/2 belongings, the home had no power, and had a very strong pet odor and was not clean, home was not as great a shape that the landlord claimed.[/COLOR]
[COLOR=black]With no other leads or alternatives, the family reluctantly signed the lease, thinking they could just clean the home and etc. The family took pictures of all things in question with dated newspaper etc for proof that the damages were there, and not caused by them.[/COLOR]
[COLOR=black] [/COLOR]
[COLOR=black]Landlord made verbal promises to fix/repair things that were damaged that were "security and code violations", landlord never did, husband finally made repairs and asked for reimbursement, which landlord never reimbursed tenant for. Tenant spent a week shampooing carpets, and cleaning pet hair from home.[/COLOR]
[COLOR=black][FONT=Verdana][/FONT][/COLOR]
[COLOR=black]This family has paid their rent on time, (showed proof of this) and had kept the home in good condition as well as made improvements.[/COLOR]
[COLOR=black] [/COLOR]
[COLOR=black]Then 4mons into lease, there was a water back up issue in the home causing damage to interior and exterior walls. Cause, was backed up Septic tank that required new lines be run... Landlord took from end of Nov. till end of Jan to make repairs. Tenant had to deal with the backups, torn up back yard, frozen puddles in back yard filled with waste, etc.[/COLOR]
[COLOR=black] [/COLOR]
[COLOR=black]Tennant repeatedly asked for repairs to be finished finally asking to be released from lease. Landlord agreed to release them from lease and live out their security deposit, with a 45 day notice, and agreed to put in writing. [/COLOR]
[COLOR=black]Tennant had drawn up agreements, landlord kept wanting changes thus never getting the agreement finally signed, and finally after 2 months, the tenant informed landlord that they were giving their notice, that they were moving, asked for the agreement to be signed offered to pay 1/2 mo rent since they were giving 60 days notice, and the landlord now does not want a written agreement as requested, now just wants a verbal agreement. But the tenant wants something in writing before they pay the 1/2 month.[/COLOR]
[COLOR=black]Bottom line this family is moving and has already put their money in a new home and is leaving regardless. [/COLOR]
[COLOR=black]Should they demand the agreement be signed prior to giving the ½ month rent, or should they just forget it, and not pay them or worry about the agreement?[/COLOR]
[COLOR=black] [/COLOR]
[COLOR=black]They have 30 days before considered in default, and then they have already gone into their 45 day notice. it would take longer to evict them then it would to live out their notice right?[/COLOR]
[COLOR=black] [/COLOR]
[COLOR=black]thanks!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!:)[/COLOR]
[COLOR=black] [/COLOR]
I would welcome any comments, suggestions or opinions I can forward to them............ they are pretty stressed out and want to do the right thing but again they are tired of being treated like trash.:(
If this is not the correct area to post this, please let me know
If this is not the correct area to post this, please let me know. thanks
Well as much as I would love to believe that the landlord wouldn
Well as much as I would love to believe that the landlord wouldn't come back on them with something..... I don't trust as much as I used to. I would actually suggest that they send COPIES of all the documentation that they have etc.. etc... and send it certified mail return receipt to the landlord. In that package I would include a "nice" letter outlining all of the verbal agreements that were discussed and have them keep a copy of it as well. I would have it say something like "as per our verbal agreement" - but still send it certified mail. I don't know how much that would protect them or not.
As for paying the 1/2 rent, did they pay a security deposit? If so then I wouldn't worry about it! But that is me