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Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 55725
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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I was trying to rent a home which i like but have not viewed

Customer Question

Hi i was trying to rent a home which i like but have not viewed personally. The property manager told me i have to put 1465. down today if i want it. But have not seen the property and it will not be ready till may 26. Im not understanding why they want the deposit, first month rent and my may prorated amount. I then asked her if i was to see the home on the May 26 and did not like it would i be able to decline the home. I was told no and I would be locked in the home for a year lease.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: North Carolina
JA: Has anything been filed or reported?
Customer: Such as
JA: Anything else you want the lawyer to know before I connect you?
Customer: No I just filled out a application and paid that fee of 43.00 and was approved.
Submitted: 5 months ago.
Category: Real Estate Law
Expert:  Richard replied 5 months ago.

Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

Customer: replied 5 months ago.
thank you for your help
Expert:  Richard replied 5 months ago.

Good afternoon. Regardless of what she told you, that's not the way the law works. If when you do get to inspect the place, you would have grounds to rescind or break the lease (and receive all your money back) based on one or more of the following: i) the property was not acceptable; for example, if the property was misrepresented as being something it is not or having something it does not have, you may declare a rescission of the contract; and/or ii) if the property had significant defects or other problems, you may also declare a rescission. A valid rescission will terminate your obligations under the contract. You would need to set forth the grounds in a written notice of rescission to the landlord and return the keys as soon as possible. If your money is not refunded voluntarily, you could file suit against the landlord. And, in that case, you would want to let the landlord know that if you are forced to file this suit, you will be asking not only for the refund of your money, but also punitive damages for withholding what is due you in bad faith. And, that if she files any negative report against you, you will be adding a cause of action for defamation.

Thank you so much for allowing me to help you with your question. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as Good or Excellent (i.e., 4 or 5 stars)(hopefully Excellent/5 stars!). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

Customer: replied 5 months ago.
Thank you so much.
Expert:  Richard replied 5 months ago.

You're very welcome. It's been my honor and privilege to help you with this. If I can help you in any way in the future, I'll be happy to help. For easy access, my bookmark is: www.justanswer.com/law/expert-legalbeacon/ . Or, simply request “Richard only” in the first line of your question.