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I have a residential lease in Wake County, North Carolina. My lease runs out in 2 months and my landlords want us out. However, they are not moving in or selling the house or raising rent. They are advertising it on Craigslist for same rent I am paying.
We have never been late with the rent, never violated the lease, never been in trouble with the law, always given the landlord access to the house (which she has demanded to "inspect" a couple of times over the lease term).
My lease says that if the tenant holds over then it automatically creates a month to month tenancy w/ 60 day notice requirement to terminate.
I offered a month to month tenancy and was turned down. I offered a 6 month term and was turned down. They just want us out. I have a house to sell before I can afford to move. I figure I probably need 6 months to sell that, buy a new place and move in.
If I assert defenses in an eventual eviction hearing, show written evidence of retaliatory eviction (I sent a list of safety defects in the house via email, and have prop manager saying "no we won't fix any of those" in writing), and possibly evidence of fair housing violation (landlord, property manager both Indian. All neighbors Indian except us. We suspect that all or most of the prospective tenants who come through will be Indian. We are white.), plus evidence that the landlord keeps taking rent (I pay through automatic bank transfer, I am guessing she won't know how to stop taking the money), how long should I expect to be able to drag my feet on leaving?
The month to month thing means nothing if they've let you know they won't be keeping you. They just need to give you notice. I'm assuming they already served you notice to leave? If so, they will start the eviction after that and that can take awhile. You might have the notice period plus a month or so before the eviction is finalized and they can legally throw your crap in the streets.
Bringing up all the problems after the fact won't help any. "I don't want to leave but there's a ton of things wrong with this place" just doesn't sound all that great. You would need to establish in writing that they have been aware of these problems for some time and ignored them. And don't even bring race into it.
Are you prepared to have an eviction on your record? If so, congrats you can screw over a landlord for a few months at least. Thanks for helping me realize yet another reason I'd never want to become a landlord.
It depends on your area. In my location, we would served notice the 1st day you were there illegally. We would go through the entire process and have the sheriff move you out less than a month later. Some locations, you might get 2 or even 3 months. I have no idea for North Carolina.
But as others have said, you will then have an eviction on your record for life. So better hope you never ever have to rent anything ever again.
And this isn't a retaliatory eviction. They aren't currently evicting you. They have given you a notice they aren't going to renew your lease. Not AT ALL the same thing. And the clause that says the lease becomes month to month is void because they HAVE given you 60 days notice to vacate.
Everything I have read on NC landlord tenant law says that three good defenses to eviction are (1) retaliatory eviction, (2) fair housing violation, and (3) acquiescence of landlord by continuing to take rent.
No one has yet explained how any of those defenses wouldn't work in my case.
Just replying "no" with nothing to back it up just makes it look like people are posting without knowing what they are talking about. If someone actually has some knowledge on the subject, I would be happy to hear it.
Everything I have read on NC landlord tenant law says that three good defenses to eviction are (1) retaliatory eviction, (2) fair housing violation, and (3) acquiescence of landlord by continuing to take rent.
No one has yet explained how any of those defenses wouldn't work in my case.
Just replying "no" with nothing to back it up just makes it look like people are posting without knowing what they are talking about. If someone actually has some knowledge on the subject, I would be happy to hear it.
None of those three things happened here so you are out. What's there to explain?
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