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Hi..
Our 6 month fixed term lease at a Cary Apt complex is 24 days from expiry, and we just realized that the lease terms require a 60 day written notice of termination.
So we have just submitted our notice to leave after the lease expires on the 23rd July. The apt complex have responded that we will be liable for the rent till Aug 29th, to honour the 60 day notice period.
Initially, they thought they had sent us a reminder notice, but it turns out that they didn't, although they claim it is their practice to send reminder notices. We tried to appeal citing that they also failed to prompt us. Their response is that a reminder letter is only a courtesy, and so not sending it has no bearing on our current situation.
Do we have a leg to stand on ? on account that they did not remind us ....or any other ? Did we fall into a trap ( we are rental novices) ? Whats our best approach to minimize the costs we will have to bear if they do not find a renter in the next 60 days from today ?
You have no legs here. Your best approach is to treat the 29th as your move-out and plan your move as close to that as you are comfortable with to avoid paying double rents. As for them not giving renewal notice it doesn't matter because the lease is clear, assuming it doesn't conflict with state laws. And even if state laws say a minimum days a lease can shorten or extend that as far as end of lease notice is concerned.
There is a state, maybe more, whose law states all leases expire and cannot renew automatically and I would check the sticky at the top of this forum to make sure yours isn't one. If it is then the lease end date is final notice or not, I think it's NJ that I'm thinking of.
Once your lease is up you can leave. That's what a lease is for... If they wanted to evict you on the 24th of July then they could because your right to occupy the property ends on the 23rd.
In the future, read and understand your lease and make yourself a note on your calender for the date you must give notice or renew.
Some leases automatically renew if no notice is given, so you must be very careful or you could end up with another full year of lease without wanting it. You are getting off easy. This mistake isn't costing you a lot. A different lease with a different landlord could have possibly been very costly.
In the future, read and understand your lease and make yourself a note on your calender for the date you must give notice or renew.
Some leases automatically renew if no notice is given, so you must be very careful or you could end up with another full year of lease without wanting it. You are getting off easy. This mistake isn't costing you a lot. A different lease with a different landlord could have possibly been very costly.
NC law
§ 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. Provided, however, where the tenancy involves only the rental of a space for a manufactured home as defined in G.S. 143-143.9(6), a notice to quit must be given at least 60 days before the end of the current rental period, regardless of the term of the tenancy. (1868-9, c. 156, s. 9; Code, s. 1750; 1891, c. 227; Rev., s. 1984; C.S., s. 2354; 1985, c. 541; 2005-291, s. 1.)
I would imagine that the tenancy does not auto renew for a full year... I have never seen a case where that would even be legal.
However, if you have an lease where after the lease is up, you become a month to month tenant, then you just have to give 7 days notice. Since the lease term of 6 months isn't addressed yet the year to year is only 30 days then either way they can't charge you rent for 60 days. I would say it would be really hard for them to recover any rent money if you vacated at the end of the lease anyway. No occupant, no lease... how can you charge rent?
Your best bet is to consider August 29th your final move-out date. They will come after you for the difference. In NC this type of lease is very common. You have to give 60 days notice. If your lease expires it will go to a month-to-month lease, and they have the right (and they definitely will) charge you a higher rent for those months. If you can negotiate that they not charge you a higher rent for the extra days, I would take it and be happy with it. The laws in NC are not on the renters side, and since the rental market is so hot in the area right now, they will likely not give you an inch. Good luck.
Once your lease is up you can leave. That's what a lease is for... If they wanted to evict you on the 24th of July then they could because your right to occupy the property ends on the 23rd.
Sure as long as you or they give proper notice
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