Q: Can’t I always terminate my lease with 30 days’
notice to the landlord?
A: No. If your lease provides for a definite
termination date, you are typically obligated for the
entire lease term, even if you have a good reason
for leaving such as illness or a job transfer. Early
termination is only excused due to certain military
transfers, foreclosures of the property or, in certain
instances where the tenant is a victim of domestic
violence, sexual assault, or stalking. So, if you leave
early and the landlord is unable to re-rent your
apartment, the landlord may sue you for the unpaid
rent and costs, and/or file a negative credit report
against you.
Some leases allow a tenant to terminate the
lease early under certain circumstances by giving
notice. Check your lease to determine if it permits
early termination and the amount of notice it
requires. If, for example, your lease allows you to
give 30 days’ notice to terminate it, typically, you
must notify the landlord in writing at least 30 days
before the end of the month in which you propose
to leave and pay rent through the end of that month.
Q: I’m renting on a month-to-month basis. What
notice must I give to terminate my lease?
A: Renting month-to-month is a form of “periodic
tenancy.” A periodic tenancy often occurs when a
tenant remains in the apartment after the expiration
of the initial lease term. Periodic tenancies have no
termination date and may be terminated by either
the landlord or tenant giving notice to the other. The
amount of notice required will usually be set forth in
the lease. If there is no lease, or if the lease does not
contain a notice provision, then North Carolina law
allows you to terminate a year-to-year tenancy by
giving notice to the landlord at least one month before
the end of the year; a month-to-month tenancy by
giving notice at least seven days before the end of the
month; and a week-to-week tenancy by giving notice at
least two days before the end of the week.
Q: My one-year lease has expired, but I still live in the
property and pay rent on a monthly basis. Now the
landlord says he is increasing my rent. Must I pay the
increase?
A: It depends upon the terms of the lease. Most
leases provide that when the lease expires, you
automatically become a month-to-month tenant and
are no longer guaranteed a particular rental rate. In
that case, the landlord can increase the rent by any
amount by giving you the same notice of his intent
to raise the rent that he would be required to give to
terminate your tenancy. You may either stay and pay
the higher rent or move out.
However, some leases automatically expire
at the end of the lease term and have no renewal
provision. In that case, the landlord may demand a
rent increase in order for you to remain in possession
after the expiration of the lease. But if the landlord
accepts your rent payment in the usual amount for the
month following the expiration of your lease, he has
effectively renewed your lease for another year at the
old rate.
Q: My landlord just sold the property I am renting to
someone else. Can the new owner evict me?
A: Probably not. If you are a tenant in possession of
the property, the law presumes that the purchaser is
aware of your tenancy, and requires that purchaser to
honor your lease. However, you could be evicted if you
agreed in your lease that you would vacate the premises
upon the sale of the property.
Q: Am I responsible for paying my roommate’s share of
the rent if my name is on the lease?
A: Yes. If your name is on the lease, you are legally
responsible for the performance of the lease — even if
your roommate’s name is also on it. Many written leases
require each tenant to be responsible for all rent that is
due, and landlords will usually take legal action against
the remaining tenant if his roommate(s) move out and
the full rent is not paid.
Q: What must a landlord do to evict me?
A: A landlord may evict you for violating a provision
of your lease, but must do so according to lawful
procedures. For example, unless your lease provides
otherwise, when you do not pay your lull rent, the
landlord must first make a clear demand on you for
payment of the past-due rent. Then, if you do not pay
the rent within ten days (or if you have violated your
lease in some other way), the landlord may file a formal
“summary ejectment” complaint against you in court
describing why you should be ejected.
Many leases permit the landlord to shorten the ten
day notice period or avoid it altogether by including a
“forfeiture” clause. Such clauses provide that the lease
terminates if you do not pay your rent within a specified
number of days after it is due and may require no
notice or less than ten days’ notice before the landlord is
permitted to begin the summary ejectment proceeding
in court.
At the court hearing, you can, of course, raise
defenses. If the magistrate rules in favor of the
landlord, you can appeal the decision within ten
days. However, you must pay the appropriate rent
to the clerk of court while the appeal is pending. If
you do not appeal in time, or if the landlord wins
the appeal, he can enlist the services of the county
sheriff to execute the judgment and evict you. At all
times throughout the process, the landlord must use
peaceable means to regain his property. “Self-help
eviction,” such as changing the locks, removing your
possessions, or padlocking your door, is not permitted.
Q: Can I pay rent to the landlord to stop an eviction
proceeding?
A: Maybe. It depends on the terms of your lease. If
your lease does not address the issue and you pay or
offer to pay the rent due (and any costs the landlord
has incurred), the eviction proceeding is automatically
terminated. If the landlord continues the suit, he will
be responsible for your future legal fees. But if your
lease allows the landlord to terminate your tenancy if
you don't pay your rent on time, he can accept your
late rent and still seek to evict you. Most leases today
give the landlord this right.
The North Carolina Real Estate Commission
P.O.Box 17100
Raleigh, North Carolina 27619-7100
919/875-3700
Web Site: www.ncrec.gov
10,000 ccpieso/tbispublk document were primal ala cost of SO.OOpercopy.
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