Legal Question in Real Estate Law in North Carolina

I would eventually let it slide.

First, try to get a) his social security number, ifyou don't already have it, b) his license plate number (and makeyear, color, and model of car), c) his work address / phone number,d) if he's young, his parent's info, e) where he's moving to.

I'm not sure how much of that you can get, but if you offer to have him fill out a form (in front of you; you go there with it) instead of being dragged into court to pay thedeposit (an actually empty threat, practically speaking, I'm pretty sure!), he may cooperate based on the bluff.

All that is just in case he decides to destroy the place, which is prettyunlikely usually unless you've antagonized him. It sounds instead like you tried to accommodate him and he should not harbor serious personalill-will even if he's quite put out by the roaches.

It makes you wonder, when he didn't give you the deposit up front, whetherhe had plans to leave quickly even before he moved in. But if there wereroaches, his leaving is probably justified and the notice clause would beinapplicable; in fact, he could probably get back some or all of the renthe paid you for the time he was there.

This message is provided to assist you in structuring your thoughtswhen you speak with an attorney about your situation. I am not yourattorney, and you are not my client, so this is not legal advice. Legaladvice can only be given after a careful interview of the client by theattorney, and I have not had the opportunity to understand thesignificant issues that I must understand to render legal advice. Youshould contact an attorney in your state to discuss your situation. Thatattorney can give you the advice that your situation deserves, aftercarefully considering the issues that are legally significant in yoursituation.

Whether to demand the SD. Don't

We do a significant amount of LL/T law in Ga. Our web site is http://www.nnc.net/wood

Let him go and get a better tenant. On your next tenant, DO A CREDIT CHECK and get the SD BEFORE they move in. DO NOT GIVE THEM occupancy before all of the checks clear the bank and you have the credit search in your file and you have a signed application agreement allowing you to search their credit. You are in NC and will need to talk to an NC lawyer to get specific answers in NC law for leases; however, if you look at the residential lease we give away in GA on our web site (its rough on the tenants) it may provide you with some ideas concerning how to protect your property in the future.

Hugh Wood