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I have a home in NC that we have remodeled for college

Customer Question
I have a home...

I have a home in NC that we have remodeled for college students to live in. We allowed the students to live rent free during the construction phase. Once the first floor was completed those that had threr own bedrooms were asked to sign a lease and start paying rent. The girl never signed the lease but did pay the deposit and 2 months rent. She has now decided not to stay in the home. Do I have any recourse?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

North Carolina

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

The term was through July 31, 2018 and the tenant was given full use of the bedroom and shared use of the living room, dining room and kitchen.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

There was still maintenance and construction of the upstairs bedroom until December 5, and the roof was replaced-- work completed last week. There is about 1 day of trim work upstairs which we are completing today and will be landscaping work in the spring. All of this was known to all of the tenants prior to moving in. However, it has ta***** *****er than expected. But the work is complete now.

Submitted: 6 months ago.Category: Landlord-Tenant
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Answered in 5 minutes by:
12/26/2017
Lawyer: Legal Eagle, Lawyer replied 6 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 13,438
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 6 months ago
That is fine. The girls have had contractors and construction people on site for the entire time they have been in the home. They moved in in August but were not charged rent until the first floor was fully functional (except 1 of 2 bath tubs). There was still touch up and trim work to complete on the first floor that is now complete.
Lawyer: Legal Eagle, Lawyer replied 6 months ago

Thank you very much for our patience on this. I'm sorry to hear about your situation. So, just s oI'm clear, they had a lease during the contraction phase and you agreed to let them stay rent free up until the construction was done, is that correct?

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Customer reply replied 6 months ago
It was all verbal. They knew that the rent was going to be 350.00 a month and I agreed not to have them sign or start paying until there bedroom and the first floor common areas were complete and free of construction personnel. They did not pay for the electric, water, waste removal or internet which was all provided as was common space furnishings and washer and dryer. I did this due to my daughter being one of the tenants and the other girls are her friends and from our home town, Additionally there was noise and construction dust and for that I compensated
and paid all the expense.
Customer reply replied 6 months ago
2 of the girls started paying November 1 and the other 2 December 1. The one that is now moving is doing so-- or has claimed to be moving because of the construction people-- who are no longer working on the house and a need to keep the doors locked, which the tenants are the only ones with keys so that element is between the girls. That phase of the project is complete.
Lawyer: Legal Eagle, Lawyer replied 6 months ago

Thanks for your patience and your clarification. This appears to be a breach of contract based on promissory estoppel. What that means is that they made a promise to which you detrimentally relied and because they did that, then they're in breach of contract. A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract. It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court. This website is also pretty cool because you can download the forms right after purchasing. Click here to get started.

What other questions did you have for me today that I can help you out with:-)?

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Lawyer: Legal Eagle, Lawyer replied 6 months ago

Hi, I just wanted to follow up with you. Did you have any additional questions for me?

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