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Old 03-11-2012, 01:19 PM
 
1 posts, read 4,440 times
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I moved into my current rental in July 2009. At that time I signed a 1 year lease, expiring in July 2010. I have not signed a lease renewal or any other document since move-in. I sent my notice to vacate said rental property yesterday and was told by the landlord that they require a 60-day notice. I gave a 30 day notice. My question is obviously - if I am not currently under a signed lease and living in the property month-to-month, am I still required to render a 60 day notice to vacate from 2009 agreement? Thanks!
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Old 03-11-2012, 02:13 PM
 
Location: Charlotte, NC
7,041 posts, read 13,113,630 times
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You need to check your lease to see if there are terms listed for a month-to-month rental. If not, all you have to give (by law) is 2 weeks, but, it is customary to give 30 days.
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Old 03-11-2012, 08:59 PM
 
1,670 posts, read 5,801,595 times
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I will re-read the lease. Here is the law pertaining to moving out.

http://charmeck.org/city/charlotte/C...n_You_Rent.pdf
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Old 03-12-2012, 10:52 AM
 
Location: South CLT
286 posts, read 604,333 times
Reputation: 101
Is this an apartment complex? Or a private landlord? Sounds like a private landlord - no complex at least ones I know of will let you go all this time without renewing your existing lease.

If you have not signed a lease since the original ended in 2010 ... I would think 30 days to be sufficient notice. As the letter for something in writing where you signed it saying you have to provide 30 days notice.

Your continued rental of the property w/o a lease - was that a verbal agreement?
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Old 03-12-2012, 11:48 AM
 
277 posts, read 580,385 times
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Check your executed lease agreement, it should contain a section titled "Tenant's Hold Over".
Standard notice looks to be 30 days, unless both parties agreed to a different term.


TENANT'S HOLD OVER
. If Tenant remains in possession of the Premises with the consent of Landlord after the natural expiration of this Agreement, a new tenancy from month-to-month shall be created between Landlord and Tenant which shall be subject to all of the terms and conditions hereof except that rent shall then be due and owing at __________________________________________________ ____________ DOLLARS ($___________) per month and except that such tenancy shall be terminable upon thirty (30) days written notice served by either party.
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Old 03-13-2012, 09:34 AM
 
Location: Charlotte, NC
4,761 posts, read 6,419,558 times
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60 days seems a bit extreme to me. Our lease only requires 30 days, but I'm sure the requirement could be more for people who want it that way. Find the Holdover section of your lease and read it carefully.
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Old 03-13-2012, 05:13 PM
 
467 posts, read 1,287,871 times
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As others have said, it's all spelled out in your lease (most likely). You probably renewed automatically upon the same terms as the original signing, or on a month to month. If there is any conflict about what is legal you should look up NC statute 42 and not that cute manual.
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Old 03-13-2012, 07:21 PM
 
Location: Charlotte, NC
2,352 posts, read 4,028,997 times
Reputation: 3035
Unless the original lease states otherwise, once the original lease ends, you are assumed to be on a month-to-month lease; it's considered a verbal agreement, even if you never talked about it!

You can check with Legal Services of Southern Piedmont if you need more help, they have lots of information about landlord/tenant law. You don't have to be low-income to go pick up their brochures! They are very helpful.
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Old 05-12-2016, 01:44 PM
 
2 posts, read 1,392 times
Reputation: 10
hello
I have a lease until June of this year 2016 and now the landlord tells me I need to be out by June 1, 2016 they have sold the house. What are our rights
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Old 05-12-2016, 01:46 PM
 
2 posts, read 1,392 times
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hello
I have a lease until June of this year 2016 and now the landlord tells me I need to be out by June 1, 2016 they have sold the house. It is now May 12, 2016. What is the time frame we are intiled to. What are our rights
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