Q: I relocated because a friend of a friend promised me a rental property. Now they are no where to be found.
I moved from Philadelphia to Charlotte with my family after a friend of a friend promised to rent one of her rental properties to me. She could not give me a lease yet because she had a tenant moving out but she said I could move in as soon as they were out. So I transferred my job and uprooted my wife and kids to relocate. Once in Charlotte she has avoided my phone calls to see if the property is ready and ceased all contact with my wife and I. I have text with her stating we could move in and the price of rent she would charge. Would this agreement be considered a breach of some sorts and could I sue in small claims court for all my expenses for relocating based on her promises.
A: Leases for less than three years do not have to be in writing to be valid in North Carolina. However, since she specifically stated that she was not giving you a lease yet, it would likely be hard to prove you had a lease. There are many properties to rent in Charlotte, so its harder to show damages from the failure to follow through with the promise. Also, were you really relocating based solely on the rental of this property? I think that is unlikely, so you probably would've moved to Charlotte or somewhere anyway. It is possible to argue a breach of contact and damages incurred by your reliance on the promise and you can certainly try to make those claims in small claims court if the damages are $10,000 or less.
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