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Old 09-17-2009, 02:38 PM
 
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Is anyone aware of an NC law that allows you to break your lease with 60 days notice only IF you are purchasing a house?
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Old 09-17-2009, 07:03 PM
 
Location: Jacksonville, FL (Mandarin)
2,560 posts, read 6,502,391 times
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I'm not from NC and I don't know the Landlord/Tenant law, but if there were such a law, I would do what was necessary to have it changed.

Assuming you're the tenant in this situation, how many months into your lease are you? Have you offered to find a qualified replacement tenant for your landlord?
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Old 09-17-2009, 07:05 PM
 
Location: Rural Central Texas
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Nope, as far as I am aware a legal contract cannot be voided by an outside action other than a court order. You would have to include this as a reason for termination in the lease to be legally permissible.
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Old 09-17-2009, 10:23 PM
 
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If you are planning on doing this it would be well worth the effort to run it by a lawyer for advice...

On the face of it... sounds irrational.

Would you give a 30 day notice on the day escrow closed on your new home?
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Old 09-18-2009, 10:28 AM
 
Location: Los Angeles, CA
126 posts, read 673,907 times
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Quote:
Originally Posted by johnrex62 View Post
Nope, as far as I am aware a legal contract cannot be voided by an outside action other than a court order. You would have to include this as a reason for termination in the lease to be legally permissible.
I think this is generally true if the law did not exist when the lease was signed. However, my understanding is that if this law was on the books when the lease was signed, the lease is subject to that law -- unless the tenant expressly waived his or her rights under the law (and even then such a waiver may not be effective depending on what the law says).

First thing to do is find this law. Everything else is speculation. Call your local housing department. If it exists, my guess is the law provides the procedure for breaking a lease under its terms.
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Old 09-18-2009, 12:19 PM
 
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NC has no such law, you need to contact your landlord to see if they will allow you to terminate. You are stuck with the lease you signed.
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Old 09-18-2009, 12:22 PM
 
Location: The Hall of Justice
25,901 posts, read 42,701,121 times
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Your best bet is to give your landlord as much notice as possible and do everything you can to get your place re-rented with minimal disruption to the landlord. He or she can't collect double rent, as far as I know. I believe nearly any landlord's chief concern is whether he or she will get the rent on time.

We broke our lease last year. My husband was offered a promotion in another state, and it was a good opportunity for us. We gave our landlords something like five months' notice, allowed them to make some minor repairs and upgrades while we still lived there, put ads on Craigslist for them, took pictures of the house, showed the place for them, and paid an month's rent while the place stood empty so they could paint the exterior and do some landscaping. They re-rented the house with no trouble, which invalidated our lease.
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Old 09-18-2009, 01:49 PM
 
28,115 posts, read 63,672,505 times
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Forgot to mention the one exception I'm aware of...

In certain cases military personnel are allowed early lease termination without penalty... the are specific requirements that must be met... none of them apply to purchasing a home...
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Old 09-20-2009, 12:18 PM
 
27,214 posts, read 46,745,966 times
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I agree, military service is a reason to break your lease if you provide proof...it is a law in Fl.

If you break your lease because you are buying than it is because you prefer to live somewhere else...and in Fl. you can do that, but your are responsible for all payments till your lease is over, or the LL has another tenant to replace you. You could be very active in searching for another tenant that is acceptable to the LL, I wouldn't have an issue with a case like that, but the new tenant needs to be a credible tenant.
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Old 09-20-2009, 12:40 PM
 
3,199 posts, read 7,827,529 times
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I would try talking to the LL and explain. Maybe you could find someone through craiglist but they would have to pass the same check of record etc that others do when renting the apt. Congrats on the new house
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