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Old 06-02-2009, 01:51 PM
 
6 posts, read 26,799 times
Reputation: 13

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Here is the situation:

After originally signing a 1 year lease, the tenant continues to live in an apartment and pays rent for over 4 more years. Finally, the tenant decides to move out and sends a 30 day notice with his rent check.

After moving out on March 31st, the tenant receives a letter from the ex-landlord dated May 14th saying that he should have given him a 60 day notice and that since the apartment was not rented out, the ex-tenant now owes the landlord another full months rent.

I was under the impression that after the lease term was up, the tenancy becomes a month to month. Then, if a new lease is never signed, the tenant only needs to give a 30 day notice prior to leaving.

Also, if there was an issue with the length of notice given, shouldn't the landlord have mentioned something to the tenant prior to them moving out, and not waited a month and a half before saying anything?

Anyone?
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Old 06-02-2009, 03:54 PM
 
850 posts, read 2,843,995 times
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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.
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Old 06-03-2009, 08:29 AM
 
6 posts, read 26,799 times
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Thanks Babytarheelz!

That is what I thought, but I wasn't 100% sure. I've looked online, but couldn't find specific writing on this particular situation. I've got a Real Estate book that I know has it in there, but it's packed away in a box somewhere and I haven't been able to find it.

Does anyone else want to confirm this for me?
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Old 06-03-2009, 09:30 AM
 
850 posts, read 2,843,995 times
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You're welcome! For what it's worth, so you can feel comfortable with this answer, I've worked in the apartment industry as a property manager in Raleigh for over 7 years, have been to countless property management continuing ed courses with an emphasis in landlord/tenant law and have received my Certified Apartment Manager designation through the National Apartment Association. I know this stuff, especially in NC, like the back of my hand!
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Old 06-03-2009, 03:00 PM
 
Location: North Hills, Raleigh
1 posts, read 10,810 times
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Default As a Landlord when can I request vacancy after Lease Expires?

Our tenant's lease is up on July 1st. They verbally asked to go month to month starting July 1st...

We may have someone ready to rent at the first of July...

Are we required to give them 30 days notice that they need to move out at the end of the lease? Its June 3rd now so that isnt possible...We could say they need to be out by July 15...they would owe 1/2 months rent correct?

They did not pay June rent because we asked for 1st and last month rent at the beginning of the lease..

Main question is: do we need to provide 30 day notice even if the lease expires on July 1?...seems like it we should...

Thanks!
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Old 06-03-2009, 03:26 PM
 
850 posts, read 2,843,995 times
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Yes, you are also required to give a 30 day notice. If you give it today, you can have them out by July 3rd and hurry and clean and get the new tenant in there. You could also ask the current tenant to leave early, although, if they're not expecting to have to move, that could be a tough one and they may be a bit bitter! Good luck!
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Old 06-24-2009, 09:47 PM
 
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Hey babytarheelz, you sound like an expert, maybe you can help me out. my lease ends july 31st, i am looking to buy a house and don't know if things will be in order by then. My apartment complex has been putting notes on my door (6 so far) leaving messages on my home phone and called my place of work last friday! They want to know if I am renewing my lease, i tell them each time that I will give them 60 days written notice in ANY event. Now they put another note on my door today saying I have to sign a lease by june 30th. Can they do this?? I didn't sign my last lease until the week it was to expire. I ALWAYS pay my rent on time. What is the law on this? And is it legal for them to call me at work!! What an unprofessional bunch of twits I am dealing with! Thanks in advance
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Old 06-25-2009, 07:33 AM
 
850 posts, read 2,843,995 times
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Hey there!

Yes, they can require you to sign a renewal lease by a deadline. They don't even have to renew to you at all. They can put whatever terms on a new lease that they'd like. Many communities actually require it be done 60 days prior to the first lease expiring.

Now, keep in mind that you are required to give a 60 day notice prior to leaving. You would have had to do that by May 31st if you wanted to leave when your lease expires. Since you've past that, what will now happen if you don't sign a renewal is you still give a 60 day notice, but you'll pay a month to month rate for the days beginning August 1st through the end of your notice. That is often at a much higher rate. Typically market plus an additional month to month fee.

As far as them calling you at work, yes, it's legal. They're not calling you about a debt, they're calling about your residency. If you'd like them to refrain from doing so in the future, send them something in writing that you don't wish to be contacted there and to have them remove that number from your record.

Honestly, it doesn't sound like they're doing anything wrong at all. They certainly don't sound like "unprofessional twits." In fact, they're doing a great job at following up and trying to get you to stay. They're just trying to stay in the loop so they can plan on what to do with your apartment. It is their property, after all, so they have every right to know your plans. Good luck!
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Old 06-30-2009, 04:40 PM
 
2 posts, read 21,215 times
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Something else babytarheelz, if i rent month to month, can they still require a sixty day notice?
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Old 06-30-2009, 06:17 PM
 
850 posts, read 2,843,995 times
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No, month to month tenancy requires a 30 day notice.
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