Hi everyone, I really need some help. My family and I have been living in the same house for about 2 years after we took it over as-is from previous tenants. My mother was diagnosed with stomach cancer back in March, so we informed our landlords of the situation and worked out what the payment schedule for rent would be. They were really kind at first and sympathetic, and were absolutely wonderful about the whole situation.
Now some background info. The previous tenants that lived here were my brother in law, my fiancée, and some roommates of theirs. When we lost our other home they were gracious enough to give us a place to live. One by one they all began to pack up and leave, even my fiancée. Since we were pretty much paying the entirety of rent by then, we took over the lease in February. Our landlord gave the security deposit back to my fiancée since it was his. He told us that once the deposit was made, he would make repairs to the house for damages my fiancée and the other tenants have caused, such as holes in the wall, peeling paint, stained carpets, etc.
We didn’t care really about the state of the house, it was good to just have a place to call home again. My mom has also had 2 major surgeries within the last year, and now the cancer so it makes it 10x harder. But yet she still trooped and went to work to pay the rent, which she always did on scheduled days. I have receipts and everything. Then, he began harassing us about the security deposit, even though I was making payments with my meager check and it was my mom’s job paying rent. I continued making 80-100 dollar payments for the deposit, and he continued receiving them.
At this point I had paid off over 420 dollars on the deposit, with about 705 left to pay. August had just came around, with my sister’s first day of school, birthday, and my mom’s surgery coming up. Due to a previous emergency surgery she developed a ventral abdominal hernia and needed it repaired.
We were caught up on our rent, up till July 2019. In our state you have to be at least 2 months behind to file for rent. Well, our landlord filed for eviction on the 5th of August and we were served on the 6th. Another law in NC is that before filing, landlords MUST make a demand for rent and then wait a TEN DAY grace period before filing. He did not do that, and filed under false pretenses.
I printed all receipts, our outrageously high water bills that he was supposed to fix, text messages about rent scheduling, and the progress of the security deposit. EVERYTHING. We went to court on August 13th, two days before my ma’s surgery. From there, the judge hearing our case did not listen to me or my mom, did not want to see anything we had brought as evidence, and shushed us multiple times. Our landlord lied to the judge, saying that he had given us the security deposit for free. He also lied about our payment scheduling.
The judge was incompetent, asking her assistant about what you can and cannot do with evictions and if you can get things removed from your record. Him filing the paperwork wrong should’ve made the judge throw it out IMMEDIATELY per NC law.
So she ruled against us, after my mom begging to let us stay since she’s gonna have surgery. So now we are at imminent risk of homelessness with no money to move at all. Please, please help us. Anything will help.