Consumer Law, Warranties Verbal Agreement

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qcncmeck1126

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Greetings -

My roommate and I moved into a two bedroom apartment last April (the lease is until April 2002). She got laid off mid June/July. Because she got laid off she is not sponsored by an H-1 Visa anymore and therefore supposedly cannot apply for a greencard. She has switched her H1 Visa to another visa that gives her 6 months to stay in the US so she can figure out what she plans to do...I believe the Visa is a half business/half travel something type visa.

The point is she has to figure out something or get deported back to her home country in January.

Therefore we have been talking about our apartment situation. On November 8th, we discussed all of our options (60 days notice, breaking the lease, moving to a one-bedroom - which incurs transfer fee, one month notice, reinstalling phone etc and more money not budgeted when signing the lease, etc). The cheapest thing and obvious thing is to give 60 days notice and pay the cancel fee.....so we would each pay ~ $950. All the other options put be back more than $950.

But based on our verbal agreement, she offered to give me $950 and I would take over the two-bedroom lease...either that or pay our apartment complex that much for both of us to break the lease. Therefore, she will no longer have responsiblity and I will have to worry about coming up with the rest of the lease money beyond my regular poriton. My worry not hers.

If she did not offer to give me the breakage money,
then we would both have given $942.75 the apartment complex and I would have moved out and moved in with several of my friends.

If I knew on November 8th that November 24th that she was
going to rescind on her offer, I would have broken the
lease on Novemeber 8th with her at the office and NOT taken over
responsibility of the apartment as of December 1st. I took her word on good faith.

So based on our verbal agreement, the next day we went to the office and signed an addendum that as of December 1st I would take over the lease and she resumes no responsibility

However, b/c she is backing out of her offer and her verbal agreement, I want to know legally what I can do.

Can I go ahead and break the lease and give a 60 day written notice just me and then we would both still be liable since we are both still on the lease until Dec 1.

Does this take affect over the addendum?

If I take her to small claims court, how much time can I really have since she can be deported back to her home country. The point is she has broken a verbal agreement and now I am left high and dry on December 1st.

Can I go to the apartment complex manager and say based on our verbal agreement, I decide to take back signing the addendum and that she and I will have to break the lease...

What can I do if there is anything? Pretty much I don't think there is but I am just checking out my options.

What are the laws on this verbal agreement for the state of North Carolina?

Thank you in advance for your time and assistance in this matter!
 
Well, I can give you the law and I can give you the reality. I think you'd prefer to hear reality rather than theory, so here goes.

Technically, if you have an offer, acceptance, and each side has received/given something of value, you've got a deal. But let's not dwell on the applicability of the general rule of offers and acceptances and the fact that there are several theories which should entitle you to the $950. Even if you take her to small claims, unless she pays you outright you'll have to enforce the claim. This isn't so easy and would involve locating her, her assets, and then freezing them and seizing what you are owed. Will likely not happen in 6 months as it may take a few weeks just to get your case started and you will need to send her notice to her new residence or have her served personally.

I'm wondering why the landlord would simply allow her to be released from the lease without compensation. Is there something I'm missing here?

However, if I'm not missing anything than there is nothing that I can see, legally or logically, that should require your landlord to deal with the fact that you are getting "stiffed" by a person who was involved in a deal that only concerned the two of you. The landlord would and should not be required to share in the loss since it is you, not the landlord, who relied upon trust and did not collect the money up front or simultaneously as you should have. Yes, hindsight is 20/20 and I'd like to think that people should be trustworthy but we all take those risks sometimes. :( But perhaps she will come forth and be responsible? :)
 
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