Legal Question in Real Estate Law in North Carolina
I was lured into signing a lease on a Saturday. I gave my financial information and they ran credit and criminal checks that day. My move in date was delayed approx 6 weeks. Two weeks or so prior to my move in get a letter indicated cash needed to move in. No indication of a deposit required on this letter. No documents ever mentioned deposit amt. One week prior to move in and told I must pay 2 months deposit because I do not meet earnings guidelines for the apartment. No specific mention of deposit amounts in lease agreement, only refers to an addemdum which does not even mention deposits. Why did they sign a lease with me if I did not financially qualify for the rent??? When looking at the models, I was told that I may have to pay up to 2 months deposit, but, when I received the letter on cash needed to move in no deposit money was indicated. I can not afford to move in. Any chance to get out of this lease?
1 Answer from Attorneys
Never sign a lease before you are given the keys. In your case, if the security deposit is not mentioned any the lease or any other agreement, then you may have an argument that no security deposit is due. Security deposits are contractual terms...not legally required concepts. You need to be sure the lease is completely silent as to a security deposit before you use this argument.