Legal Question in Consumer Law in North Carolina
My son, a college student was going to rent a house with five other young men. He made a deposit on the house, which was made out to the landlord. He did not sign a lease because we were out of town. There were huge problems with the house and the other men. He never spent a night there. My husband and I moved his things in and were finalizing the move when they started demanding more money from him because he had a small portable piano in an extra room. They told him he would have to pay a double rent fee for that room if the piano was to remain. They have taken over the dining room with a huge pool table, another bedroom for a "movie" room and they wanted to use this extra bedroom for a "multi-purpose" room to house a foosball table. There are many more things that I won't get into. After cleaning a filthy house and bathroom and my husband supplying the paint and painting a bathroom, we almost had him settled. On Monday, the self-appointed "Indian Chief" told him about the double rent and an excess utility charge. On Tuesday, we moved him out and completed the move this morning. We stopped payment on the August rent check, but today the deposit check has been cashed. Do we have any recourse on the matter at all? Remember, he never signed the lease. Thank you.
1 Answer from Attorneys
You may be able to get your check back - can't guarantee it. But you will probably have to file an action in small claims court unless they will voluntarily refund the amount.