Ask Me Help Desk - Rental Property & Foreclosure (NC)

Signed a rental agreement for 12 months, the home owner did state they were having an issue with their HOA. They did not say the issue was due to their failure to pay HOA fees and therefore lead to foreclosure papers being served right at the end of our lease in which we were going to renew. There is no damage to the property by us and we are being charged prorated fee since we were unable to find new housing in a short notice (15 extra days to be exact). Did the homeowner have us sign the lease under false pretense? So the entire security deposit is due back to us?

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Originally Posted by janelle25

Signed a rental agreement for 12 months, the home owner did state they were having an issue with their HOA. They did not say the issue was due to their failure to pay HOA fees and therefore lead to foreclosure papers being served right at the end of our lease in which we were going to renew. There is no damage to the property by us and we are being charged prorated fee since we were unable to find new housing in a short notice (15 extra days to be exact). Did the homeowner have us sign the lease under false pretense? So the entire security deposit is due back to us?

No... you aren't entitled to know everything that are his business... You signed for a year... you lived there for that year... after that year you legally became month to month. Your lease promised NOTHING beyond that one year period it was in effect, nor could it. Even if there was a foreclosure DURING that lease... your lease would have still been in effect. And enforcible. Ability to renew a lease is only an option... not a right.

Asuming THEY find no damage or undue wear and tear... and it is cleaned as per requirements (like you present a receipt for a professional carpet cleaning)... then why would you think you wouldn't get the security deposit back?

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Originally Posted by smoothy

No...you aren't entitled to know everything that are his business....You signed for a year....you lived there for that year...after that year you legally became month to month. Your lease promised NOTHING beyond that one year period it was in effect, nor could it. Even if there was a forclosure DURING that lease...your lease would have still been in effect. And enforcible. Ability to renew a lease is only an option...not a right.

Asuming THEY find no damage or undue wear and tear....and it is cleaned as per requirements (like you present a reciept for a professional carpet cleaning)...then why would you think you wouldn't get the security deposit back?

They want to charge for paint damage in which they told us to use paint they provided (which turned out) no longer matched the walls since they did not do any touch up work themselves prior to us moving in Also, wants to charge for a pool card that did because it expired but could not get a new one because of the HOA fees that were pass due.

They are trying to charge you for a pool card only the owner could get? That had expired anyway? Or was the card lost?
The landlord pays the HOA dues from the rent... the cards are usually provided to the owners every year who in turn give them to the tenants. At least the places I have lived before with a pool.

Someone will have to comment on NC, because at least in Virginia or MD where I have rented before... you don't get charged for repainting assuming normal wear and tear UNLESS the lease is broken.

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Originally Posted by smoothy

They are trying to charge you for a pool card only the owner could get? That had expired anyway? Or was the card lost?
The landlord pays the HOA dues from the rent....the cards are usually provided to the owners every year who in turn give them to the tenants. At least the places I have lived before with a pool.

Someone will have to comment on NC, because at least in Virginia or MD where I have rented before....you don't get charged for repainting assuming normal wear and tear UNLESS the lease is broken.

The owner provided the pool card after we signed the lease. When we went to use it, it did not work and that is when they informed us it had expired and they couldn't get a new one because of the HOA issues. Yes, normal wear and tear is exactly what I was thinking. Also, the deposit was suppose to be mailed over a week ago and supposedly it is getting mailed today. Oh and the kicker, due to a loan modification of the mortgage tenants weren't suppose to be in the home.

Well the pool card is HIS issue.. not yours... if you hand him back the expired pool card... where is his complaint? As a renter you aren't in the capacity to or authorised to deal with it. If you don't have it in a few days I would IN WRITING, sent with proof of delivery requiring a signature your request for your entire deposit back. Someone else will let you know how long he legally has to return it... I don't know that information... but don't delay beyond that... no matter what promises get made. He may be stalling you.