qcncmeck1126
New Member
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!
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!