Legal Question in Real Estate Law in North Carolina

My husband and I are currently renting a house in Cameron, NC while he is stationed at Ft Bragg. We began renting in on 1 September 2009 and have been up to date on all our monthly rent checks as well as upkeep and maintenance to the house. Our landlord has recently put the house on the market (he did offer to us first to purchase but we are not in the market to buy). Our current lease is until 1 September 2001. He told us to look for other housing and that they would work with us and not to worry about the lease. We went and were put on the waiting list for military housing and were told that the wait might be anywhere from 6-12months but it could also be sooner. Our landlords were informed of this and they understand the waitlist as they are military as well. I was informed today that we had a house that was available for us to move in during the beginning of January 2011. When I told my landlord he said that not only would we still owe for the month of January (thus us paying 2 rents checks) but he was also going to hold our damage deposit to cover rent in February. He has already listed the house for sale and has said that we will get the deposit back only if the house sells before February. Can he legally do that? Our deposit was to cover damages that were caused to the premises while we were occupying the house NOT to cover rent becuase he needs it to cover his mortgage. Had he not put his house on the market we would not have had to find another house to begin with. Has he not broken the contract by listing the house for sale?


Asked on 11/09/10, 5:03 pm

1 Answer from Attorneys
Jeff Rosner Rosner Law Firm P.A.

Unfortunately you would need to have the lease reviewed - if your husband is in the military are you eligible for any legal services through that? Frankly, what I don't understand is if you have a lease through September 2011, what exactly did the landlord tell you? Just because the house is on the market, doesn;t give the landlord the right to terminate your lease - the new purchasser would buy the property subject to your lease so there is no reason for you to move out prior to September 2011.

- Jeff

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Answered on 11/15/10, 6:25 am


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