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Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 42869
Experience:  Texas Attorney for 30 years dealing in real estate
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We have out a deposit down on a house we are going to lease

Customer Question

We have out a deposit down on a house we are going to lease and eventually purchase. Wh have also bought the furniture in he house. The lease says we take possession on 1/1/2016. The owner isn't out of the house yet and we now cannot get her to return our calls. we don't want to rock this boat because we want to live ere then purchase in 2 years, but she is being unreasonable in not getting out of the house. What recourse do we have?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ray replied 1 year ago.

Hi and welcome to JA. Ray here to help.

This is a breach of contract if the property was not made available on the date in the lease.You would be able to sue here for damages including any rent or hotel expenses you incur or storage or other costs.

You may want to send her a demand email or letter threatening suit the property is not immediate vacated pursuant to th e terms of the lease.She is in breach and you have remedies including specific performance and damages and legal fees and costs here as well.

You may have to sue if she will not agree to vacate and turn over the property to you and seek specific performance and damages for your lost time, rent, storage fees, anything else you have incurred here.

Expert:  Ray replied 1 year ago.

And certainly you are due a refund of your deposit as well.

Expert:  Ray replied 1 year ago.

I appreciate the chance to help you today.Please let me know if you have more follow up.Thanks again.

If you can leave a positive rating it is always much appreciated.

Expert:  Ray replied 1 year ago.

Lawyer for you here..

North Carolina Bar Association
Cary, NC

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