Legal Question in Real Estate Law in North Carolina

Here's the situation. I own a home in Raleigh Nc. I am currently deployed to Hawaii. This is the reason I chose a realty company to take care of renting my property for me. I have signed a contract with the realty co. For the past few weeks I have been in California training before before I deploy to Afghanastan in April. I received an email from the realtor stating that "she" may need to rent my property because she's having "major problems with her husband rigjt now." I was unable to contact her due to my training and asked my Fiance' to contact her to discuss. My Fiance' called her (leaving a voicemail to call to further discuss and let her know my situation and why I wouldn't be able to call her myself), as well as emailed her without a response from her. My Fiance' told me she was unable to get in touch with her. When I was able (Wed 1/26 ?), I emailed her telling her I'll be out of training on Fri 1/28 and will call her at that time to discuss her wanting to rent my prperty. On Friday, now finished training (about a week later from initial email from realtor), I get an email from her telling me the following: I didnt hear from you on Friday, I moved into property, you had an outstanding bill that I took care of, I put blinds up, I will get a lease together and send you and what is your bank info so I can send you rents.....I am angry and feel as though she took advantage of the situation. What aare my rights? Can I get her out of my property without a problem? How should I go about this?

Thanks,


Asked on 1/30/11, 7:55 am

1 Answer from Attorneys

Jeff Rosner Rosner Law Firm P.A.

Given your situation - you may need to contact an attorney in Wake. If you truly have no interest in renting to her, you can try notifying her that you do not wish to rent to her, that you never agreed to rent to her or to let her move in and that she should move out right away. You can see if you can bring charges of trespass if there is no lease and she refuses to leave. You should also try to terminate the contract with the rental company although a review of the contract is necessary. I can recommend a new realty company if you need one (hopefully it is not the same one).

- Jeff

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Answered on 2/08/11, 7:23 pm


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