Legal Question in Real Estate Law in North Carolina

Non refundable deposit on an oral agreement

I am lessor. The tenant met with me and agreed verbable to take house. I asked for 100 non ref. deposit that would be put toward 1st months rent. He called 1 week later and said babysick could not move in untill 15th. I said okay. The first comes and they call and dont wantto rent the house. And want 100 back. Are they intitled to it back? He said at time of rendering check he could not stop and fill out my rental agreement would meet with me on the 30th and get keys and contract. so this agreement was witnessed by my husband and myself and the tenent. Do I have to submit his money back.

Thank you

--name removed--


Asked on 2/02/99, 11:45 am

1 Answer from Attorneys
Jeffery Hess Hawkins-Smith

Re: Non refundable deposit on an oral agreement

I don't know what the law is in your state, but. Did you give them a reciept with any wording on it or did the check say deposit for holding the place? If so you have a writing which is inportant in leases longer than a year, however if this was month to month you may be OK.

There is an old saying possession is nine tenths of the law. Which by the way is not true, but what it does mean is that if you have the money they must come after you to get it back.

This is not legal advice but just common sense, if you are truelly right which I must assume let them prove to a judge the fairness of their possition.

Jeffery Hess

Hawkins-Smith

3309 Chuckwagon


Read more
Answered on 2/05/99, 9:06 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in North Carolina