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I recently initiated lease termination prior to lease end…

I recently initiated lease...

I recently initiated lease termination prior to lease end due to discovering a sex offender(convicted weeks before and at his residence) lived 5 doors down. I moved to the house with my kids as a result of taking out an ex parte dvpo against my husband. I know that the sex offender is not a material fact; however, having theee child- one the age of the victim- I felt I had no house but to move. I gave notice and had a month deposit- which by the way, was never disclosed to as to where it was being held. The lease simply said TBD. Let the lease, upon tenant initiated termination prior to lease end, I was required to pay until someone moved in. I moved out and turned in keys on Feb 1. New tenants moved in March 1. I received a summary ejectment served to me weeks after new tenant took possession. I had given written notice and paid. The own suffered no loss of rent. In addition I was charged $1040 leasing fee( nowhere listed in the lease) as well as $75 partsand labor to replace vinyl blinds. I drove by today bc I have court on Monday and noticed the blinds were still damaged and not ever replaced. New tenants currently living there. What should I do? Already reported him to the real estate commission for violation of the N.C. tenant security deposit act. But can he charge for an item that was never actually replaced?? Or the leasing fee not listed? Also how can he girl eviction? He had possession already and money to cover the month up until new tenant took possession. the

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?

It was a 12 month. I only stayed for 3 due to the discovery of the sex offender. Several reported maintenance issues- including windows painted shut, door lock broken, no window screens, and missing blinds on a few windows. Never fixed.

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Answered in 21 hours by:
3/18/2018
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Landlord-Tenant
Satisfied Customers: 22,740
Experience: B.A.; M.B.A.; J.D.
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Hello: This is Phillipsesq. Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

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I am so sorry to read about your difficulties.

Kindly note that I just came across your post. I do not have control over the question list or the promises made to you by the site as to the response time. I am just a site user just like you. Nonetheless, I apologize for the delay in response to your post.

Kindly give me a few minutes to prepare my response.

Thank you for your patience.

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I recently initiated lease termination prior to lease end due to discovering a sex offender(convicted weeks before and at his residence) lived 5 doors down. I moved to the house with my kids as a result of taking out an ex parte dvpo against my husband. I know that the sex offender is not a material fact; however, having theee child- one the age of the victim- I felt I had no house but to move. I gave notice and had a month deposit- which by the way, was never disclosed to as to where it was being held. The lease simply said TBD. Let the lease, upon tenant initiated termination prior to lease end, I was required to pay until someone moved in. I moved out and turned in keys on Feb 1. New tenants moved in March 1. I received a summary ejectment served to me weeks after new tenant took possession. I had given written notice and paid. The own suffered no loss of rent. In addition I was charged $1040 leasing fee( nowhere listed in the lease) as well as $75 partsand labor to replace vinyl blinds. I drove by today bc I have court on Monday and noticed the blinds were still damaged and not ever replaced. New tenants currently living there. What should I do?

Response 1: Take a picture of the blind if you can and then provide this evidence to the real estate commission that he has committed fraud by charging to replace items that he never replaced. Demand for reimbursement of the fee you paid for the replacement blinds.

Already reported him to the real estate commission for violation of the N.C. tenant security deposit act. But can he charge for an item that was never actually replaced??

Response 2: No, he cannot. You should also report this to the commission.

Or the leasing fee not listed?

Response 3: No. Report this to the commission. You are dealing with a very deceitful Landlord.

Also how can he girl eviction? He had possession already and money to cover the month up until new tenant took possession.

Response 4: It does not make sense unless he is being vindictive and trying to get eviction Judgment on your record to make it extremely difficult for you to rent another place.

You should ask the Court to dismiss the case because you gave notice because of the convicted sex offender, moved out, and a replacement Tenant is already in place. You do not see any justification for the initiation of the eviction case in the first place under the circumstances.

Goodluck with your case,

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Thank you for your cooperation.

Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Landlord-Tenant
Satisfied Customers: 22,740
Experience: B.A.; M.B.A.; J.D.
Verified
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