Legal Question in Real Estate Law in North Carolina

Military Family Jumps Lease for on Post Housing

In 09/99, I leased my house to a military family. First the wife wrote a check for the rent that was returned NSF. We collected funds due, but two months later they bounced another check, which is still delinquent. Our situation and theirs at the time both family where relocating. A lease was (generic lease received by United States Army Housing Authority on Fort Bragg) signed with her husbands signature and mine. With all the restructuring that is dealt with relocating we now finally have the time next week to travel to North Carolina to file charges against the couple. Will file a complaint is for breaking lease agreement terms four months into lease and to collect on debit of written check.

My first question the lease that we signed was not notarized. Will this pose as a major problem? I was able to rent to others in April but I feel that couple still owes for December - March. What other forms of payment my law, such as expenses and interest entitles me to? We are also considering going to JAG (military judicatory) to file claim, since my husband is still military service related. Since our countless attempts to contact his Commander regarding this matter has failed.

Asked on 3/25/01, 11:51 pm

1 Answer from Attorneys

Lawrence Holzman Holzman Law Firm, LLC

Re: Military Family Jumps Lease for on Post Housing

I'm not sure which jurisdiction you are referring to here? If the home that you rented is not located in Maryland, I cannot give an opinion as that is where I am licensed to practice.

If it is located in Maryland, I can say that the issue of a notary will not be relevant unless there is a question about the authenticity of the signature. That's the point of a notary, he/she authenticates that he/she saw the actual person sign the document. However, if the person does not contest the validity of the signature, such is not an issue. If they do contest the signature, it can still be proven by other means such as expert testimony of a handwriting analyst (though that might be unduly costly for your case). Likewise, if someone saw him/her sign the document, their testimony could prove the authenticity of the signature.

Good luck in your efforts.

Lawrence R. Holzman, Esquire

Joseph, Greenwald & Laake, P.A.

6404 Ivy Lane, Suite 400

Greenbelt, MD 20770

(301) 220-2200

fax (301) 220-1214

Disclaimer: Please note that the posting of this response is not intended to constitute legal advice. You should contact an attorney to obtain information applicable to your situation. This posting is not confidential or privileged and does not create an attorney/client relationship.

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Answered on 6/04/01, 1:09 pm

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