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Old 06-19-2014, 10:48 AM
 
3 posts, read 5,446 times
Reputation: 10

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I'm moving due to my significant others work & need to break my lease a couple of months early. This is the info I've found online:
Quote:
If you don’t have a legal justification to break your lease, the good news is that you may still be off the hook for paying all the rent due for the remaining lease term. This is because under North Carolina law (Isbey v. Crews, 284 S.E.2d 534 (N.C. Ct. App. 1981)), your landlord must make reasonable efforts to re-rent your unit—no matter what your reason for leaving—rather than charge you for the total remaining rent due under the lease. So you may not have to pay much, if any additional rent, if you break your lease. You need pay only the amount of rent the landlord loses because you moved out early. This is because North Carolina requires landlords to take reasonable steps to keep their losses to a minimum—or to “mitigate damages” in legal terms.
So, if you break your lease and move out without legal justification, your landlord usually can’t just sit back and wait until the end of the lease, and then sue you for the total amount of lost rent. Your landlord must try to rerent the property reasonably quickly.
I was able to give my landlord 7 weeks notice. He assured me he would work to find a new tenant and asked if I'd be willing to show the house. I agreed.
It's been more than 2 weeks now & he hasn't even listed the house yet. I confronted him about it & he gave me some excuse about waiting for a response from me, but I have my email in my outbox where I responded to his last question weeks ago.

At what point is he legally not making a reasonable effort to quickly rerent the house. Do I have any recourse here???
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Old 06-20-2014, 06:37 AM
 
227 posts, read 392,618 times
Reputation: 185
There's no cut-off point between what's reasonable and what's unreasonable. It would most likely be up to a small claim's court judge, although it seems to me like we're far from that point because I don't see two weeks as being even close to unreasonable. Even with 7 weeks notice, I'd expect to have to pay some rent after you move out. If it's a single owner then it might be easier, but if it's someone who rents multiple places out then it's more likely that he'd prioritize his other places (where he isn't getting rent) instead of your place (where he is getting rent, even if it's vacant).
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Old 06-20-2014, 11:12 AM
 
Location: Charlotte, NC
4,761 posts, read 7,832,914 times
Reputation: 5328
Knowing the rental market, he's probably waiting a couple weeks so he doesn't have showing for all 7 weeks. There might also be a clause in your lease that states he can only show during the final X days of the tenancy. My lease provides that I can enter within the last 30 days to show the home. If you've got 5 weeks left, you are close but not quite there. Your mileage may vary depending on your lease, but this is what I would suspect is the case here.
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Old 06-20-2014, 08:46 PM
 
155 posts, read 274,593 times
Reputation: 75
Quote:
Originally Posted by spankys bbq View Post
Knowing the rental market, he's probably waiting a couple weeks so he doesn't have showing for all 7 weeks. There might also be a clause in your lease that states he can only show during the final X days of the tenancy. My lease provides that I can enter within the last 30 days to show the home. If you've got 5 weeks left, you are close but not quite there. Your mileage may vary depending on your lease, but this is what I would suspect is the case here.
"My lease provides that I can enter within the last 30 days to show the home."

What if the occupant doesn't want you to enter? You obviously can't force your way in.
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Old 06-21-2014, 12:05 AM
 
Location: Lacey, WA
129 posts, read 208,480 times
Reputation: 82
So, what do you do if your landlord doesn't even respond to your move out notice and doesn't do a walk through? We have heard nothing after 8 years of renting a house. Not surprised, but very frustrating. Gave our notice via letter, called 3 times, sent an e-mail, talked to him once and he said he'd get back to me. Never did. We had to mail our keys to them. Everyone I've talked to says we should just kiss our security deposit goodbye.

Moved out of state and he did not even respond to 4 separate calls to do a move out. I'm so pissed at the way we were treated I feel like taking him to small claims court, but not a resident anymore and not sure I can. Do you give it 30 days?

Thanks!
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Old 06-21-2014, 02:30 PM
 
Location: Charlotte, NC
4,761 posts, read 7,832,914 times
Reputation: 5328
Quote:
Originally Posted by ebrooks View Post
"My lease provides that I can enter within the last 30 days to show the home."

What if the occupant doesn't want you to enter? You obviously can't force your way in.

It all depends on their attitude. If they're being a jerk, I'll respond in kind. That would be considered a breach of lease and would be treated accordingly. We don't often show occupied units because of security issues, but there is the odd occasion that is could happen. That clause in the lease is actually quite common, by the way. You might be surprised how many leases provide for that.
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Old 04-13-2023, 01:06 PM
 
15 posts, read 44,469 times
Reputation: 11
If you break a lease and the landlord finds a suitable new tenant, what reasonable expenses can a landlord choose to take from your security deposit? I have seen references to the cost of obtaining a tenant such as property manager, real estate agent or advertising fees. But can a landlord also deduct fees that pertain to concessions made to the new tenant such as landscaping and cleaning costs even if those are not required in the lease?
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