Legal Question in Wills and Trusts in North Carolina

I recently moved out of a rental home, rented under the name of my late husband. He owned all of the appliances within the home. I moved all of the appliances and rest of our belongings out of the home 45 days after his passing. The day I turned in the key, our landlord did a walk through of the home and declared everything to be in good condition and everything checked out 'good.' Two weeks later, she called to inform me that the stove was hers. Our stove was more than 8 years old and she is demanding $499 to replace it.

I tried talking to her and explaining that the stove was ours. I asked to see proof that it was hers and she can show me no proof. I also asked for my husband's original deposit back, which she claims he never made. She can also show me no proof of the original lease-- saying she lost it. She continues to inform me that her son is a lawyer and she will press charges against me if I don't pay for a new stove. Does she have a case?


Asked on 5/16/10, 6:01 pm

1 Answer from Attorneys
Cheryl David Law Offices of Cheryl David

It is very unlikely that she has a case against you which she could win, but I would advise staying out of court if at all possible. It is a matter of who has proof of ownership of the stove. If your husband owned and paid for all of the appliances then they are yours. However, if she can show proof that she purchased the stove then it would be hers. With an eight year old stove I doubt it would be worth her while or the expense of trying this matter in court. Moreover, an 8 year old stove probably isn't worth anywhere near $499, so even if she won she wouldn't get that type of recovery. At best she may get the old stove. It sounds like you are the one who has a case. If you can prove that your husband had a security deposit with her and she wrongfully withheld it, then you are owed that money back. However, security deposits are very hard to get back. The landlord can usually come up with some legitimate reason to keep the money unless your husband had a very specific contract. The security deposit is an asset of the estate, so probate would be necessary before you could take action to recover it. If the probate estate has already been opened mention this to your lawyer or the clerk and see what they can do to assist you.

Very truly yours,

Cheryl David

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Answered on 5/25/10, 11:17 am


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