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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.
They won't work because you are NOT being evicted. The landlord has the right, as you do, to not renew your lease once it's expired...no reason needed.
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.
It is very simple. All the landlord has to do is hire a professional to evict you and that cost will come out of your pocket. You are assuming your will outsmart the LL but in situation like these, it's a question of "what you got to lose?" Some tenants don't care about going to court and even losing. Some do.. Where do you fall?
Yes, many of us do but it's not what you want to hear.
For whatever reason (and he has no obligation to give one) your LL has declined to renew your lease once it expires and has advised you of that in accordance with state law. The holdover clause only applies if neither party advises the other that the tenancy will continue. Your LL has advised to the contrary.
Had your LL not advised you of his intent to not renew your lease within the time frame stated in your lease, and you had not advised him that you intended to move at lease end, the rental contract would have rolled over to a month to month under the same terms and conditions included in the original lease. Then both you and the LL would be obligated to give each other the required notice to leave which is usually 30 days/one month depending on the state. If the LL then wanted to raise the rent or make any other changes to the original lease he would have to give you the proper notice required for a month to month tenant which is again 30 days/one month depending on the state laws.
Your LL has made his position clear and you have no legal remedy. If you don't move out when your lease ends, your LL will file eviction against you and that filing will stay on the court record for many years and be an automatic "red flag" for many future landlords.
You'll find your state landlord tenant laws linked in the first "sticky" on this forum.
Yes, I expect that landlord to file for eviction. And I expect to contest the eviction. That is of course that plan. And if I lose in that hearing, I expect to file an appeal. I am sorry if I didn't make that clear.
I was wondering how long I could likely keep that going, to buy time. I have no fear of court. And if I never rent anything again, it will be too soon, so it does not deter me to have an eviction on my record. Once I sell my house, I will be able to buy a new property for cash, so even qualifying for a mortgage is not an issue for me going forward.
I do not want to move before I sell my house, because moving all of my belongings into storage will cost over $4k, plus the monthly storage fees. Plus it will be hard to find a new place to live temporarily, especially since I have pets.
I have read of courts giving stays of eviction of up to 6 months, especially for circumstances like a family having children who need to finish out the school year (like my daughter) as long as the tenant is not behind in rent (I am not behind in rent).
Has anyone had any experience with court-ordered stays of eviction? Especially in North Carolina?
Ok so stop paying and let them evict you. Try finding a place with a eviction on your record that's not some slum craphole and overpriced. Good luck.
Look, the owner simply doesn't want to do business with you for whatever reason. Don't take it personally. That's the problem with renting. You can at any time be asked to move out wih proper notice.
They are giving you proper notice that they dont wish to renew or keep the current lease. That's their prerogative. Just because you feel it's unfair doesn't mean you're not getting the correct advice.
Yes, I expect that landlord to file for eviction. And I expect to contest the eviction. That is of course that plan. And if I lose in that hearing, I expect to file an appeal. I am sorry if I didn't make that clear.
You WILL lose, there's no question of that. Do you have any idea what contesting a judgment entails? Obviously not. And you'll lose an appeal too. In the meantime your credit rating will be trashed and you'll spend a fortune on court costs for both parties plus punitive damage costs when the LL loses money because of his inability to re-rent the place in timely fashion.
You came here looking for advice and it was given to you. If you don't like the advice then seek good legal counsel who can confirm the idiocy you plan.
Last edited by Ultrarunner; 02-11-2015 at 09:19 AM..
What's ironic is you will be submitting nothing to keep you there. Everything you are submitting are stuff that people use to try and break the lease to leave. As for proof of paying rent, of course you will be paying rent, you are still 2 months out. If you try to pay rent after you are supposed to leave, then yes the landlord can tell the bank to reject it AND send it back electronically. It takes one simple phone call to the bank
You can't force a landlord to rent to you and stay renting to you. Do yourself a huge favor and move out. It doesn't matter what reason why they want you out, but when the lease ends, leave.
Quote:
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?
You do realize that if you force their hand and force an eviction, you will still have to leave in about 30 days and can't drag it out for 6 months. And then ruin your chances to rent or buy in the future due to the eviction judgement on your record. PLUS you will be charged for all the eviction attorneys, filings, reletting fees etc that will exceed any security deposit amount. Are you really this clueless in wanting that? Truly? You asked. They said no. LEAVE.
Last edited by momtothree; 02-10-2015 at 09:11 AM..
I don't see why my credit rating would be trashed. I don't owe anybody anything. And really, it doesn't matter whether I win or lose, what matters is how long it takes.
And no, this is not this place I wanted to get condemned last year. This is that place I rented after I got out of that lease. Suing that landlord really worked out very well for me in that earlier situation, and I am confident that it was the right thing for me to do. The issue I was worrying over in that case was whether I should get that house condemned in addition to just getting out of the lease, basically just as a good deed, since I knew the landlord would rent it out again and that house was very, very unsafe (fall-through-the-floor-and-get-eaten-by-rats kind of unsafe). If any tenant finds themselves needing to get out of a death trap like that, compile a very thorough and documented list of unsafe conditions, backed up with professional opinions, and file a case in your local housing court. That landlord that wouldn't pick up the phone before will likely let you out in a heartbeat.
I don't see why my credit rating would be trashed. I don't owe anybody anything. And really, it doesn't matter whether I win or lose, what matters is how long it takes.
And no, this is not this place I wanted to get condemned last year. This is that place I rented after I got out of that lease. Suing that landlord really worked out very well for me in that earlier situation, and I am confident that it was the right thing for me to do. The issue I was worrying over in that case was whether I should get that house condemned in addition to just getting out of the lease, basically just as a good deed, since I knew the landlord would rent it out again and that house was very, very unsafe (fall-through-the-floor-and-get-eaten-by-rats kind of unsafe). If any tenant finds themselves needing to get out of a death trap like that, compile a very thorough and documented list of unsafe conditions, backed up with professional opinions, and file a case in your local housing court. That landlord that wouldn't pick up the phone before will likely let you out in a heartbeat.
Evictions count against your credit. That's why. It's the way the world works. Sorry.
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