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 until it expires. However, you could be
evicted if you agreed in your lease that you would vacate
the premises upon the sale of the property.
Q : The home I am currendy renting is going to be sold at
foreclosure. What are my rights and responsibilities?
A: Tenants residing in a property containing less than
15 rental units, which is being sold in a foreclosure
proceeding, may terminate the lease and move out
without penalty' or breach of the lease. However, the
tenant must set the termination date at least 10 days or
more after the date of the formal notice of sale from the
Superior Court.
Not all individuals who are renting a home want to
move out immediately after the foreclosure sale. Since
2009, a federal law allows some leases to survive a
foreclosure. In these cases, a tenant has the option to
stay until the end of the lease. However, in cases where
the tenant is renting month-to-month or the buyer of
the foreclosed property intends to live in the property'
instead of buying it as an investment or rental property,
the law allows the buyer to terminate the remaining lease
term, but only after giving the tenant a 90-day notice to
vacate the home.
Q: My roommates and I paid a tenant security deposit
before we rented our house. Will I get a refund of this
deposit for my fair share if I vacate the property’ before my
roommates?
A: No, typically a landlord will not refund a portion
of the tenant security deposit to a roommate who is
moving out if other tenants on the lease remain in the
residence. In most cases, the tenant security deposit
will be held in tiust by the landlord until the last tenant
leaves. At that time, the deposit will be refunded, less
any lawful deductions, to any remaining tenants leaving
the home. If you vacate the residence before the end
of your lease, or before your roommates, you should
discuss any refund with your roommates directly.
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 full 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
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REC 3-39
3/1/12
