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Phaedrus49er · 07-03-2009, 11:10 AM

Thanks, Dog

Okay, legal beagles, sniff this one out:

--I have (somewhere) a contract for employment at a flat fee per month that includes a housing stipend, automatically deducted from my paycheck, so I only see what's left.
--Per the emails exchanged, I was told to leave if I did not find the living conditions up to my standard, and I regretably said I'd leave by the end of the month, effectively giving notice. However, further discussion has convinced me to try to stay, so what happens if a week later, I rescind my notice and say I'm going to stay? He won't have found another tenant or buyer by then, maybe just put out a Craig's List ad, so if he hasn't signed a contract with someone else, I should be in the clear to stay, right? NC tenancy laws say that a tenant cannot be evicted or otherwise harrassed just for logging complaints about a property.
--Now for the really legal stuff. My rent is based on a certain collection of amenities, and as some of those have fallen into disrepair (toilet is a given; fence is for security and privacy, both for me and the dogs), I expressed my displeasure that he specifically said he was not going to fix them, which garnered the "leave if you're not satisfied" comment. Even though he didn't technically evict me, that's still a breach of contract since the house was advertised as having 2.5 bathrooms (with 0.5 now inoperable) and a fenced back yard (no longer the case unless a fence lying on the ground is still technically "fenced"). Further, there was to be one floor with working AC; neither floor has it (I can pull the realtor description from the agent who listed the house, I'm sure), so another breach of contract. What are the chances for getting a partial refund for rent already paid and then a reduced future rent through the end of the year (through litigation)?
--Now, the biggie: damages. As work and housing were intertwined, and since the lease contract--and by extension, the work contract--were guaranteed through the end of the year, his statement about maybe not needing me anymore in the future essentially constitutes termination (may have to get a wording clarification here). As such, since I was guaranteed a certain amount of pay per month through the end of the year, how likely would it be that I could successfully sue him for the remaining value of the contract?

07-03-2009, 11:10 AM	#1266 (permalink)
Phaedrus49er Farglesnot purveyor, YFS2 Join Date: Dec 2002 Location: CLT Posts: 8,784	Thanks, Dog Okay, legal beagles, sniff this one out: --I have (somewhere) a contract for employment at a flat fee per month that includes a housing stipend, automatically deducted from my paycheck, so I only see what's left. --Per the emails exchanged, I was told to leave if I did not find the living conditions up to my standard, and I regretably said I'd leave by the end of the month, effectively giving notice. However, further discussion has convinced me to try to stay, so what happens if a week later, I rescind my notice and say I'm going to stay? He won't have found another tenant or buyer by then, maybe just put out a Craig's List ad, so if he hasn't signed a contract with someone else, I should be in the clear to stay, right? NC tenancy laws say that a tenant cannot be evicted or otherwise harrassed just for logging complaints about a property. --Now for the really legal stuff. My rent is based on a certain collection of amenities, and as some of those have fallen into disrepair (toilet is a given; fence is for security and privacy, both for me and the dogs), I expressed my displeasure that he specifically said he was not going to fix them, which garnered the "leave if you're not satisfied" comment. Even though he didn't technically evict me, that's still a breach of contract since the house was advertised as having 2.5 bathrooms (with 0.5 now inoperable) and a fenced back yard (no longer the case unless a fence lying on the ground is still technically "fenced"). Further, there was to be one floor with working AC; neither floor has it (I can pull the realtor description from the agent who listed the house, I'm sure), so another breach of contract. What are the chances for getting a partial refund for rent already paid and then a reduced future rent through the end of the year (through litigation)? --Now, the biggie: damages. As work and housing were intertwined, and since the lease contract--and by extension, the work contract--were guaranteed through the end of the year, his statement about maybe not needing me anymore in the future essentially constitutes termination (may have to get a wording clarification here). As such, since I was guaranteed a certain amount of pay per month through the end of the year, how likely would it be that I could successfully sue him for the remaining value of the contract? __________________ No Magic Pill (the log) My Movember page (yes, I'm slacking on pictures)