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Hello. Our lease will terminate the middle of May. We received a rental renewal at 12 months for over 130 more than we are paying now and when asked, we were told it was due to the market rate going up. I have never seen such a big jump in rent just to renew when we have paid our lease on time within the course of our rental and had no problems. Is this legal? We really need to understand this. The lease is in NC.
If I rent month to month and the landlord decides they want a lease signed, how much time must they give me to sign a lease? They wanted me to sign the same day, and I'm not sure I want a long term lease.
On a month to month they're supposed to give you 30 days notice of any changes (check your state landlord tenant laws as in some states it's 60 days) so I would say the same rule generally applies where signing a long term lease is concerned during your current month to month agreement.
I have lived in this complex for eight years (8 one year contracts). The landlord offers either month to month at a higher amount or a one year lease at a lower figure. After the expiration of the lease can the landload require me to; 1. Sign a new lease or 2. Pay the higher rent for month to month or 3. Am I entitled to at some point not be required to sign a new lease but continue the rent payment amount required by the lease verses month to month. North Carolina
Last edited by spctre; 01-17-2011 at 10:52 PM..
Reason: to add state
I have left the apt and now live in a house. The Property Mgr was told in Sept that I was leaving w/in 45 days and I would not need to re-up my lease. I again told them in October. At no time was I told to put it in writing. I signed a vacate form in Dec when the mgr said I needed it as a formality. I now in Jan have received a bill for 60days worth of back rent. Its THE CLOISTERS OF CONCORD.
Chapter 42 of NC Tenancy law states:
§ 42‑14. Notice to quit in certain tenancies.
A tenancy from year to year may be terminated by a notice to quit given one month or more before the end of the current year of the tenancy; a tenancy from month to month by a like notice of seven days; a tenancy from week to week, of two days. Provided, however, where the tenancy involves only the rental of a space for a manufactured home as defined in G.S. 143‑143.9(6), a notice to quit must be given at least 60 days before the end of the current rental period, regardless of the term of the tenancy. (1868‑9, c. 156, s. 9; Code, s. 1750; 1891, c. 227; Rev., s. 1984; C.S., s. 2354; 1985, c. 541; 2005‑291, s. 1.)
If I give more than one week in an apt I believe this applies.
Question on rental rates in NC. My daughter is in school and we loked at apartments and several of them base rental rate on a daily fluctuation of the rental market. The apt management wants my duaghter to sign a 1 or two year lease to maintain her current rent, or the rent will go up over $100.00 per month her current rent is $545. But when I look on the website the advertised rent is $550. Is this legal for them to try to force her to sign a one or two year lease in order to pay the same rent, but if she does not the rent will increase over $100, while the current rental rate advertised on the website is what she pays now? Thank you
hey do i have to give a 30 day notice if i rent month to month or can i give a shorter notice to move if i have found a new place now
Yes, you have to give 30 days notice or sometimes more than that depending on your state landlord tenant laws if your rental agreement doesn't have a clause relating to notice. You may find your state laws listed in the first "sticky" on this forum. You can move whenever you want but are legally bound to pay the rent for the 30 (or whatever's applicable) days.
Glad to hear about the 30 day notice rule, I thought that was correct since our lease also turned into a month to month tenancy. We have another problem facing us, hoping for some advice on it... we fell behind in the rent several months ago and have been paying as much as we could and as often as we could. Landlord threatened to evict us but changed mind and has been dealing with our dilemna. Now that we've given our 30 day notice to move, landlord says we can't do that, wants us out immediately due to being behind, says we have no leg to stand on?? Help!
So, your LL wants you out sooner than 30 days? Good luck to him (her). It takes longer than that, generally, to evict someone. The LL can start the proceedings, but sounds like you'll be out before anything gets done. Having said that... make sure you pay the past due amount you owe or you will probably end up in court over it. You can't just leave and expect them to forget you owe them.
Last edited by Sabinerose; 06-29-2012 at 04:04 PM..
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