NC law - renting m to m now after year lease ended (apartment, tenant)
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I had a year lease that ended. Now we are month-to-month. The old lease said something about requiring a 45 or 60 day notice when we went into a month-to-month but is that legal or can we just give 30 days notice since there isn't a month-to-month lease signed?
I see info on the forum about this but our situation is in writing, so it seems a little bit different.
The old lease said "spmething"? find out what that something is. As a general rule, a month to month means 30 day to 30 day. Logic would say that 30 days is notice enough. Put that notice in writing.
You really do need to see what that "something" says. Many leases stipulate that in case of non-renewal the lease automatically goes to a month to month agreement under the same terms and conditions of the existing lease.
Perhaps this is useful (from ( NC Renting (http://www.ncrec.state.nc.us/publications-bulletins/Renting.html - broken link))
Quote:
I'm renting on a month-to-month basis. What notice must I give to terminate my lease?
Renting month-to-month is a form of "periodic tenancy." A periodic tenancy often occurs when a tenant remains in the apartment after the expiration of the initial lease term. Periodic tenancies have no termination date and may be terminated by either the landlord or tenant giving notice to the other. The amount of notice required will usually be set forth in the lease. If there is no lease, or if the lease does not contain a notice provision, then North Carolina law allows you to terminate a year-to-year tenancy by giving notice to the landlord at least one month before the end of the year; a month-to-month tenancy by giving notice at least seven days before the end of the month; and a week-to-week tenancy by giving notice at least two days before the end of the week.
I had a year lease that ended. Now we are month-to-month. The old lease said something about requiring a 45 or 60 day notice when we went into a month-to-month but is that legal or can we just give 30 days notice since there isn't a month-to-month lease signed?
I see info on the forum about this but our situation is in writing, so it seems a little bit different.
Thanks.
You need to figure out what that something is. Are you 100% sure that you are now month-to-month? Some leases contain an automatic 1-year renewal provision at the end of the original 1-year lease term, unless notice of moving out or desire to switch to a month-to-month is given.
I am in a month-to-month verbal lease and I was unable to pay July rent. Now the property manager stated he would file a writ of possession on today. What are my rights and the state law regarding this. I thought he has to take me to court, give me a thirty-day notice to vacate or something? Please help!
I am in a month-to-month verbal lease and I was unable to pay July rent. Now the property manager stated he would file a writ of possession on today. What are my rights and the state law regarding this. I thought he has to take me to court, give me a thirty-day notice to vacate or something? Please help!
Google "(your state) landlord tenant laws". The property manager is filing a writ of possession as the first step in taking you to court.
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