Question About NC Tenancy Laws: After Lease Expires, How Much Notice? (apartments, evict) - Apartments, houses, lease, tenant, landlord, agreements, termination - Page 2 - City-Data Forum

Matthew_t · 07-08-2009, 10:21 AM

I gave my 30 day notice on the 3rd of july (my lease ends on the 31st) can my apartment make me stay an additional month and charge me additional fees for that month? Technically my 30 day notice would run to the first of the next month...

Babytarheelz · 07-08-2009, 10:26 AM

It depends on how your lease is worded. Some communities allow for partial months to be prorated, in which case you'd only pay for the 2 additional days in August (NC prorates on a 30 day month), however, some will make you stay for an additional full month. Keep in mind that whether you're paying for 2 days or 30, it will likely be based on the month to month rate for your community, which is usually the market rate plus a month to month fee (which in NC is usually $100).

Pinkydinkydoo · 07-11-2009, 02:17 PM

So I need your help Babytarheelz. You seem to be the expert in this area. I signed a roomate contract and it began on December 15,2008 and states "that this is a month to month contract with a 60 day written notice to vacate". Is it just me or does that not make sense at all? Do I really have to give 60 days notice if my contract is only month to month? I am renting a room from a private owner. Please let me know what your expert opinion is on this. Thank you so much!

Babytarheelz · 07-11-2009, 02:46 PM

Hi there!

I do see where you're coming from, it does seem crazy to have to give a 60 day notice when you're lease term is technically only for 30 days at a time. But that's actually how it goes. While NC law does have notice guidelines, they don't apply if a notice provision is in your lease. So since a 60 day notice is in your lease and you agreed to it by signing the document, then that is what is enforceable. For what it's worth, 60 days is actually a very common notice period here. Let me know if you have any other questions!

Pinkydinkydoo · 07-11-2009, 03:16 PM

It's not even a lease though. It is just a roomate contract. I am not even sure if it would be enforceable in court. Especially since this person isnt claiming my rent as their incomce which I am sure is against the law.

Babytarheelz · 07-11-2009, 03:59 PM

A roommate contract is still a lease. If it has a rental amount and length of tenancy, it's a lease, regardless of terminology. It would certainly be enforceable in court. Even a verbal agreement is enforceable in court. As far as them not claiming your rent, that's between the landlord and the IRS. Landlord/tenant disputes are handled in small claims court and his issues with the IRS have no bearing on your issues with the landlord in that court.

Pinkydinkydoo · 07-20-2009, 11:27 AM

Thank you for your advice. I keep getitng confliciting input on the issue. I have been told by a property manager that I am friends with that what she put in the lease would be a typo on her end. If you are on a month to month lease you are only required to give a 30 day notice. Anything more than 30 day notice and you wouldnt be on a month to month lease. I am so confused about it. It just doesnt add up to me.

Durhamite3 · 11-27-2009, 09:13 AM

Quote:

Originally Posted by Babytarheelz

You are correct. After a lease expires in NC, it becomes month to month. A month to month lease only requires a 30 day written notice. The landlord has no leg to stand on.

How is "30-day" notice defined, though? Does it have to be from beginning of month to the end? That's what my landlady is saying.

meggitymegs · 04-05-2010, 12:52 PM

I am having the same problem, and I called the Human Relations Commission in our town. They said if you've ever signed a lease that said they could require a 60-day notice, that still applies, even after it expires, and your tenancy becomes month-to-month. I think that's ridiculous. What's the point of being month-to-month, then? I never re-signed a lease thinking that would help me in the end. Now I realize I just missed out on the $100 off your rent for a month whenever you renew. Great.

unbound · 04-05-2010, 07:20 PM

My landlord uses the NC realtor form/HUD form lease. It has blanks to fill in for the notice period where we agreed to a 60 day notice and after the initial 12 month term, then month to month but still a 60 day notice required. (so it's really 2 months at a time, I guess) We agreed to this. Is this enforceable or can I go ahead move with on ly 30 days notice?