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Old 02-09-2011, 01:09 PM
 
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I am on month by month lease which requires 60 days termination notice. I gave notice on 5th Feb so that I could vacate the property on 5th April but landlord is insisting that I need to pay for the entire month of April whereas I am saying that my notice period ends on 5th April and I should only pay for the prorated rent till April 5th. Please let me know what is the law in North Carolina? Our agreement does not say anything about prorate rent or full month rent.
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Old 02-09-2011, 01:40 PM
 
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It would help if you posted the precise text of the clause of your lease related to the 60-day termination notice. It usually is written as, "X days before ...." and the "..." bit may make a difference in this case.

North Carolina Landlord-Tenant laws are listed here:

North Carolina General Assembly - General Statutes - Chapter 42: Landlord and Tenant.

Last edited by likesAppliances; 02-09-2011 at 01:48 PM..
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Old 02-09-2011, 01:46 PM
 
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It says:

1. Paragraph 1, "Terms" of the Agreement is amended to read as follow: Notwithstanding the foregoing, the Tenant must provide sixty (60) days written notice of intent to terminate this agreement.
2. paragraph 15, "Tenant's Hold Over" of the Agreement shall be amended to read as follows: 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 be due and owing at thirteen hundred ($1300) per month and except that such tenancy shall be terminable upon sixty (60) days written notice served by either party.
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Old 02-09-2011, 01:46 PM
 
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Quote:
Originally Posted by zemax View Post
I am on month by month lease which requires 60 days termination notice. I gave notice on 5th Feb so that I could vacate the property on 5th April but landlord is insisting that I need to pay for the entire month of April whereas I am saying that my notice period ends on 5th April and I should only pay for the prorated rent till April 5th. Please let me know what is the law in North Carolina? Our agreement does not say anything about prorate rent or full month rent.
Does your lease require notice by the first of the month explicetely? If not you are correct 60 days is 60 days. The minimum notice in NC is likely 30 days and that likely requires notice by the first of the month, however since your lease requirement is more stringent your notice period does not need to meet this standard unless specified. At least that is my view of things. Though I am not a lawyer and that is not legal advice.
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Old 02-09-2011, 01:49 PM
 
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Quote:
Originally Posted by jdm2008 View Post
Does your lease require notice by the first of the month explicetely? If not you are correct 60 days is 60 days. The minimum notice in NC is likely 30 days and that likely requires notice by the first of the month, however since your lease requirement is more stringent your notice period does not need to meet this standard unless specified. At least that is my view of things. Though I am not a lawyer and that is not legal advice.

Thanks, that's what I thought but I am waiting to hear more opinions before I start arguing with my landlord.
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Old 02-09-2011, 01:50 PM
 
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Quote:
except that such tenancy shall be terminable upon sixty (60) days written notice served by either party.
I'm not a lawyer, but my interpretation is that you are correct if you gave him written notice on Feb 5th, you should be able to leave on April 5th without paying additional monies.

Many leases contain additional language to specify that the 60 days must correspond to the lease start/end period but yours does not.

Quote:
The minimum notice in NC is likely 30 days
On a month-to-month, if the Landlord did not specify a notice timeframe, I believe it would default to 7 days:

42‑14. Notice to quit in certain tenancies.
A tenancy from year to year may be terminated by a notice to quit given one month or more before the end of the current year of the tenancy; a tenancy from month to month by a like notice of seven days; a tenancy from week to week, of two days...
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Old 02-09-2011, 02:09 PM
 
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The original terms of the lease apply as to the terms (when payment is due) and what is considered a month. But it also says that the termination is just by 60 days. the question remains is that 60 days to teminate or 60 days to give notice with each full month owed? You will need to find out how NC has interpreted that in past cases.
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Old 02-09-2011, 02:16 PM
 
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Originally Posted by PacificFlights View Post
The original terms of the lease apply as to the terms (when payment is due) and what is considered a month. But it also says that the termination is just by 60 days. the question remains is that 60 days to teminate or 60 days to give notice with each full month owed? You will need to find out how NC has interpreted that in past cases.
But what is the interpretation from the clauses that I pasted from the original agreement?
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Old 02-09-2011, 02:25 PM
 
Location: Boise, ID
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Quote:
Originally Posted by zemax View Post
It says:

1. Paragraph 1, "Terms" of the Agreement is amended to read as follow: Notwithstanding the foregoing, the Tenant must provide sixty (60) days written notice of intent to terminate this agreement.
2. paragraph 15, "Tenant's Hold Over" of the Agreement shall be amended to read as follows: 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 be due and owing at thirteen hundred ($1300) per month and except that such tenancy shall be terminable upon sixty (60) days written notice served by either party.
According to just these terms, I would assume you only have to pay through the 5th. And you said the lease doesn't make reference to anything about the move out month being prorated or due in full. In most cases, if the lease does not say rent is due for a calendar month, or make reference to not being prorated, or say that notice must be given by the 1st, or something else similar, then it is however many calendar days from the date of notice.
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Old 02-09-2011, 02:39 PM
 
Location: southwest TN
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While all of the posters are giving their opinion, you are asking for a legal opinion - as to the interpretation of a legal document (your lease) and the statutes. You've read the entire lease, you have the statutes, if you don't want to pay $50 for a legal opinion, then you need to make up your own mind as to when the 60 days' notice is to run - from the end of the month or from the day you give the notice.

I'm not touching this one because no matter what I say, even if I make the disclaimer that it's not legal advice, it would be.

Contact your local bar association and ask for Lawyer Referral Service - found in the yellow pages of your phone book or by looking up your "<city/county> Bar Association Lawyer Referral Service". Most, not all, Bar Associations (lawyer group) have a 1/2 hour initial consultation through Lawyer Referral Service for somewhere in the vicinity of $50. I suggest you contact them.
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