QUESTION
Can I get my deposit back if I have not moved in at all and have not spent any time there?
Asked on Dec 24th, 2012 on Landlord and Tenant Law - North Carolina
More details to this question:
While working overseas as a missionary, my sister rented a house for me in my hometown in Alabama. She signed my name for me in order to have the house when I returned home. Upon moving a few boxes in, I noticed the house is infested with roaches and water bugs. The bugs are crawling out of the walls and ceiling. We killed so many bugs that day that I took my boxes straight back to the storage building. I pulled out drawers and they are covered with bug droppings solid black. When I opened cabinets, bugs fell out everywhere. There were hundreds of bugs dead under refrigerator. I called the landlord and she acted mad. She said she never saw the first bug. I don't know how she did not see them, they were everywhere. I did not sign any papers but my sister did. I have to have this money to pay for another rental property. Please help, thank you!
3 ANSWERS
Business Attorney serving Tustin, CA
at
Heinly Benson Killian and Kramer
Update Your Profile
Your question is governed by Alabama law, not CA law. You need to ask a lawyer who is licensed in Alabama. Real property is governed by the laws of the state where the property is located.
Answered on Jan 04th, 2013 at 8:24 PM
Land Use & Zoning Attorney serving Boston, MA
at
Greenbaum, Nagel, Fisher & Paliotti, LLP
Update Your Profile
I am not familiar with Alabama landlord tenant law. In most of America, if a tenancy is not fit for human habitation at the outset you can get out of the lease and get your money back. You may have to sure however, as landlords who keep rentals in this condition are usually not the most honorable.
Answered on Jan 04th, 2013 at 5:30 AM
Chapter 13 Bankruptcy Attorney serving Winston-Salem, NC
at
Love and Dillenbeck Law
Update Your Profile
Unfortunately, since the home is in Alabama, North Carolina attorneys cannot help you very much as each states has its own set of laws. I will explain to you what would happen under NC law. Once a lease is signed it is a binding contract. If the bug problem is that bad...which I have seen what you have described before...your sister should have recognized it. Under North Carolina law, you wouldn't have the right to break the contract under those circumstances. Your remedy would be to sue the landlord to make repairs in small claims court. As to the signing of the lease, you would have two options: First, you admit that you authorized your sister the sign the lease. Although your sister didn't likely have a power of attorney for you, she was acting as your agent and as your agent, she can bind you to contracts if the other person understands this. Second, you can say your sister forged your name on the contract without your permission. In this case, she would be liable for the lease and has committed a crime. I am not surprised as to the landlord's reaction. Either the home was vacant for a long time and she did not ever check on it...or more likely, she knew of the bog problem and hid it from you; typical of slum lords. As stated before, this is all North Carolina law, you need to post this under the Alabama section as their laws are possibly different in some manner.
Answered on Jan 04th, 2013 at 5:17 AM