Legal Question in Landlord & Tenant Law in North Carolina

renters rights

I moved into a house on April 1st. Prior when I first called about the house she told me the rent is 800 and deposit 850. I told her I was interested and took her the deposit on March 2nd and told her I would move in on April 1st. On April 1st I took her the 800 for rent and signed the lease to the house, today I called her because we are having a major ant problem and she tells me that someone made a mistake that the rent is 850 not 800. I have a signed lease for 1 year stating rent is 800. Can she legally raise it to 850?


Asked on 4/25/06, 11:40 am

1 Answer from Attorneys
Lynn Coleman Attorney-Mediator

Re: renters rights

it would be difficult for her to force you to change the lease. She would have to prove a "mutual mistake" and the facts just don't seem to support it, especially if it was advertised in writing for the amount on your lease. If she were to do that she would need to bring an action against you in small claims court. If she tries any "self help" remedies, i.e., moves your stuff out, etc., you can go to the magistrates office yourself and file something against her.

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Answered on 4/25/06, 2:33 pm


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