Can these people do this? Please help. ?

Question

I am going to make this as detailed as possible. I've tried looking things up, but I'm just at a loss.

My mother and I recently moved to North Carolina after having years of trouble in Arizona. We have very little possessions, and simply planned on moving here with our pets and whatever we could stuff in our car.

For months my mom looked for a job, to no avail. We have very little money available, and we considered ourselves lucky when we found a low-rent "efficiency" apartment on Craigslist. The ad read as follows:

"New furnished efficiency apt with all utilities and even Direct TV, - miles to Southern Pines, Pinehurst. - minutes to Fayetteville/Sanford. No smoking indoors, no drugs. $450 plus last months rent of 450., call --- before 8pm only."

(I've taken some information out; phone numbers and specific locations as they don't apply to the matter.)

After months of searching, we thought we had finally found someplace to stay in the little town we wanted to live in. Of course it would only be for a few months, as the apartment was supposed to have a small kitchenette and was located in the landlady's garage.

My mom talked to the woman renting out the apartment on the phone for almost a month before we arrived. They had the money for two weeks before our arrival, and new the date and time we would be there. Everything was supposedly set up (the beds, kitchenette, etc.), and they said it would all be ready when we got there.

After three days of driving, we came to our new home right on time at about 9PM, tired and dirty, only to find a 20 by 20 foot shed with a small bathroom and cluttered closet, filled with grooming equipment. The landlady and her husband began moving all of their stuff out of the building and putting together the beds when we arrived, as their small children ran around, jumped on the beds, and tried to feed everything they found to our dog. After being there for two hours, we could finally get some rest. We were starving, but unfortunately the kitchenette that they had been telling us about for weeks was no where to be found. My mother cried for most of the night, and woke up crying the next morning as she found that the place was even grubbier in the light.

We looked over the Craigslist ad and emails that had been sent, seeing that we had seriously been screwed over.

The situation only seemed to get worse when we realized they had lied to us about how far away we really were from town. It takes thirty minutes to get anywhere, and they had previously told us it only took seven.

The bathroom is 5 by 9 feet, and has an uncovered hot water heater, a shower "shell", a toilet, a sink that falling off the wall, and their dryer. When we leave the house, they come in and use the dryer without asking (they have a key).

There are no smoke detectors.

They never got the kitchenette. We had to buy a small dorm fridge and microwave, and we won't even attempt to buy a stove as the room is too small. It is impossible to cook anything since there is no room, so when we get hungry we often have to drive thirty minutes to eat. This is extremely inconvenient.

Internet was supposed to be set up, but we had to do that as well. We had to buy two routers because their children broke the first one, and I had to network all the computers. I'm 16, and it's kind of funny that every time this lady now has a problem with her computer, she comes to me. She's also asked me to make her a website, and she even had the nerve to ask me to help her post a Craigslist ad for their old house because she didn't know how!

They didn't ask us to sign a lease...and now we know why.

We've been living here for almost three months. My mom still can't find a job, as it is a close knit community and you need connections to get in anywhere.

They have tons of dogs (at least 16) that are always barking. They have them in cages outside, and they don't feed/water them or clean the cages. When we walk outside we get attacked by flies and the smell of dog p**p. It's just not sanitary.

Living with a single mom can be hard, and we thought things might get better if we moved out of Phoenix since it was getting so congested. Turns out we're in even deeper crud than before.

I honestly feel this woman manipulated the situation in such a way that she would profit from it. I think it's truly wrong, as she knew we were coming from out of state, had no where else to stay, and couldn't personally come and look at the apartment.

So my first question is, are they are laws that prohibit this? Can this woman post an ad on Craigslist that is selling one thing yet you get another? Are there federal laws or North Carolina state laws that require a person to have a license to rent-out an apartment? Would they even be allowed to rent this shack out?

We will hopefully we out of here by the end of August, and we were just wondering if there is anything we can do to stop this from happening again to other people, and to maybe even get back the money we had to pay to live in the awful place.

Any help or advice is appreciated. I'm sorry this ended up being so long.

Thank you.

Answer 1

Sorry to hear all of this honey. I have a daughter about your age. First advise I have is to move out soon as you can! as I don't think it is very safe. I know it is hard but go to the welfare agency in the city closest to you and apply for help. Then try and find somewhere where you can get an apartment based on your mother's  income. Look in the local phone book, talk to people etc. And in the future don't give all of the money up front until you see the place you are going to live. Good Luck to you and your mother!  

Answer 2

Ok...I'm a licensed Real Estate Broker in the State of North Carolina.  Leasing agents are required to have a real estate license UNLESS you are renting your own property.  

My answer may sound harsh, but I pretty much predicted the ending of your story before I got to it.

Your major problem:

You moved to another area in HOPES of finding job.  No one that is responsible does this.  You get the job first, then you move.  Anyone that lives here could have told you that Pinehurst isn't exactly known for being an easy place to find a job.

Your second major problem:

You claim you are poor, but you choose to live in Pinehurst, which is essentially a golf-resort community, and one of the most expensive places to live in NC.  Why would you do that?

Most people with GOOD jobs can't afford to live there.

3.  You moved without a clear cut plan.

4.  You rented a place without REQUIRING the landlord to send you pictures of the place.

5.  You are blaming everyone but yourselves for what happened.  You didn't even perform the most basic of verifications..which is getting pictures of the place.

NC is a buyer (or leassor) beware state.  That means that even though there are laws and guidelines, a huge amount of the responsibility falls on the people that enter into these transactions.

I think it's odd that you are screaming about laws, etc now...but where was this knowledge before you moved.

You'll have "problems" where ever you go in life, if this is how you choose to live.

Answer 3

Im sorry im not 100% sure if this is a state to state thing or nation wide, but its my understanding that a dwelling that is going to be rented out must be inspected and permitted as safe by the state. Many times people convert garages and things but if rent is going to be collected, it must be permitted. call the city/county. Ask them who can give you info on Rental permits, planning, or zoning. good luck

Answer 4

Cut your losses and move. There are probably not a lot of protective laws in the boonies of NC.

Tell the woman you charge 20 per hour for computer consulting.

Since she is a computer illiterate she'll just blame the one who posted the data.

Answer 5

If you still have the add from craigslist (did you print it out?), take pictures of what you are living in.  They totally misreprented themselves and the apartment.  I would also call the Humane Society due to the dogs in cages not being taken care of properly.  Call the health department, call the fire safety inspector, and call the city's Code Enforcement.  They may not even have permission to rent it out.  Different states and city's have different laws.  You may quality for free legal aid where you are, I would find out.  It sounds like to me that they may have to pay you all of the money you paid them.  Call or visit the Welfare office.  Apply for welfare and Section 8 housing, food stamps, free medical and help with utilities.  You sound a lot worse off than some of my tenants that get help with all of that stuff.  Once you get on your feet again, you can support yourselves again.  These people are taking advantage of your desperate situation.  Also, they shouldn't enter your dwelling without notice.  

Answer 6

If you believe the apt is unsafe, you should contact the fire dept and have them inspect it.  IF they are going to accept money for the place, it has to be legitimately livable, and pass fire codes.  The fire dept can issue citations for unsafe living conditions, and if they believe that the "landlords" are guilty of "criminal endangerment" they may be able to pass an injunction forcing them to install smoke detectors and provide you with a fire extinguisher.  

If you believe that you have no measure of privacy because of them coming in and using their dryer in your rented space, you should call the Better Business Bureau and get the guidelines for rented spaces and privacy issues.  

Maybe it's not necessarily illegal, but I doubt they will end up looking like upstanding citizens.  Who is to say that they will not just waltz in and take valuables from you?

Contact a lawyer.  Or if nothing else, tell the "landlord" that you believe you were unfairly taken advantage of, and that you will be consulting an attorney to discuss the issues, and to expect to hear from them directly.  BUT once you SAY something like that, you must actually follow through.  No bluffs here.  If they call your bluff, you'll just create more trouble for yourself.