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Old 12-09-2012, 04:14 PM
 
1 posts, read 721 times
Reputation: 10
Default Expired lease

I occupy a property and am not under lease. I am planning to leave with in the month. My expired a few months ago. I had continued to pay rent until my landlord decided to evict me. I am to able to pay this last month(the one he evicted me) because I am scrambling trying to find another place to live.....What are my obligations given that I am not under any kind of contract or lease with me with him?
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Old 12-09-2012, 04:26 PM
 
Location: The Triad (nc)
17,082 posts, read 20,967,993 times
Reputation: 14120
Quote:
Originally Posted by crosswindfarmsnc View Post
I occupy a property and am not under lease.
Yeah; you are.

Quote:
My (lease) expired a few months ago. I had continued to pay rent...
Because even with an expired lease you still owe the rent.

Quote:
until my landlord decided to evict me.
You still owe the rent for EVERY minute you are there

Quote:
I am to able to pay this last month (the one he evicted me)
Good; Don't forget the utilities and to clean the place up real good before you go too.

Quote:
What are my obligations given that I am not under any kind of contract or lease with me with him?
The ones that the law of NC imposes.
Keep the place clean, pay the rent and utility bills, let the LL know if/when things are changing...
stuff like that.

If you look up the laws online...
you'll see that they are almost exactly the same obligations that the lease describes.
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Old 12-10-2012, 12:33 AM
 
7,867 posts, read 5,670,185 times
Reputation: 10821
If you are taking what doesn't belong to you and not paying it, that makes you a thief. That's the very definition of the word.

If you are being legally evicted through the court system and then you make the landlord take you to court and get a judgement against you to try to collect rent, you are never going to be able to rent a decent place to live ever again. It will make it extra difficult to get a good job and your insurance rates will go up.

I hope for your sake that what is happening is that you have received a notice to move out and are not actually being legally evicted. Pay your rent and if you don't have money to move into a new place, live with relatives or live in your car while you save up. Do everything possible to save your credit and to keep negative legal action off of your permanent record. A few tough months will save you from a lifetime of difficulty.
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Old 01-08-2013, 04:26 AM
 
2 posts, read 1,211 times
Reputation: 10
hello babytarheelz I live in ny in public hoouseing and want to relocate to fayetteville nc my management told me that I can transfer my residency to nc is that true and will it be a hard transition to do I also have two little one's and I want to know if it is a good place for them to grow they are 6 and 3 yrs old.
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Old 01-08-2013, 04:44 AM
 
Location: St Thomas, US Virgin Islands
21,286 posts, read 24,396,794 times
Reputation: 22108
Quote:
Originally Posted by freeme41 View Post
hello babytarheelz I live in ny in public hoouseing and want to relocate to fayetteville nc my management told me that I can transfer my residency to nc is that true and will it be a hard transition to do I also have two little one's and I want to know if it is a good place for them to grow they are 6 and 3 yrs old.
If "management" told you that you could transfer, then ask them how to go about it. As far as living in NC and bringing up your children there, you should post in the NC state forum. Good luck.
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Old 01-08-2013, 04:51 AM
 
Location: St Thomas, US Virgin Islands
21,286 posts, read 24,396,794 times
Reputation: 22108
Quote:
Originally Posted by crosswindfarmsnc View Post
I occupy a property and am not under lease. I am planning to leave with in the month. My expired a few months ago. I had continued to pay rent until my landlord decided to evict me. I am to able to pay this last month(the one he evicted me) because I am scrambling trying to find another place to live.....What are my obligations given that I am not under any kind of contract or lease with me with him?
You're on a month to month tenancy and are required to give your LL 30 days notice or whatever your state law decrees (those laws you'll find linked in the first "sticky" on this page). If you don't want an eviction on your record you need to pay ALL the rent outstanding and then move. It's unfortunate you let the situation get so out of hand that your LL filed eviction proceedings. The only thing you can do at this point is try and work out something with him but you do have to pay all the rent which is due. If the eviction continues and a judgement is made against you you'll be ordered to pay the full amount due and, if you don't, your landlord can garnish your wages.
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Old 02-05-2013, 01:03 PM
 
1 posts, read 631 times
Reputation: 10
Question Lease question

Maybe this is not the correct topic to post under as I'm a newbie here, but I have a quick question about leases in regards to NC statutes 42-46. The Statutes say a late fee can not be charged until rent is 5 days late, but LL says he can charge as it states on lease (though lease had expired and now month to month - and when questioned about new lease now saying he won't provide until late fees are paid) Can he charge those late fees? Which is more "legal", the statutes or the lease?
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Old 02-05-2013, 01:55 PM
 
Location: St Thomas, US Virgin Islands
21,286 posts, read 24,396,794 times
Reputation: 22108
State law rules.
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Old 02-13-2013, 10:24 AM
 
4 posts, read 42,335 times
Reputation: 13
hi - my NC lease has went to month to month - and reads "in the event the Tenant becomes a month-month tenant...Tenant shall be required to provide Landlord, IN ADVANCE, thirty (30) days written notice of Tenant's intention to surrender the Premises".

Would you/anyone know if the "in advance" implies anything about the timing during the month ?
thanks!
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Old 02-13-2013, 10:50 AM
 
Location: The Triad (nc)
17,082 posts, read 20,967,993 times
Reputation: 14120
Quote:
Originally Posted by jmillersanp View Post
"in the event the Tenant becomes a month-month tenant...
Tenant shall be required to provide Landlord, IN ADVANCE, thirty (30) days written notice of Tenant's intention to surrender the Premises".

Would you/anyone know if the "in advance" implies anything about the timing during the month ?
thanks!
Today is the 13th. You've paid rent through the 28th.
You want to move into a new place... where the new LL says it'll be ready on March 15th.

You would need to tell the LL of your intention to leave no later than Feb 15th...
and must pay rent through the day you leave.
---

Elsewhere in the lease it may say you would be obliged to pay rent for the whole of March...
but few LL's would make an issue about that if you've been a good tenant up to now.

hth
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