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Caniac Chuck
Curator of the Dog Park
Joined: 18 Oct 2007
Posts: 268
Location: Greensboro, NC
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 Posted: Wed Feb 13, 2008 6:48 pm Post subject: Anybody familiar with renting/leasing rules and laws? |
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Basically I've been living in my current apartment since december without a contract or lease agreement. It expired in December. I went by the office they said the lady wasn't there, took down my info and said they'd get back to me. Well that never happened.
Problem now is I think I'm about to move out. I don't want to get screwed over with having to pay next months rent or whatever fines and fees the old contract said they could hit you up for etc. Also says they require a 30 day notice before moving out. However I'm not under contract of any kind so people tell me I'm in the clear and can tell them to f-off? That really sounds to good to be true to me though?
Anybody ever been through anything like this?
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Jyrki21
Rebel Sell + Moneyball = Life
Joined: 18 Oct 2007
Posts: 2018
Location: Ottawa, ON
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| Posted: Wed Feb 13, 2008 6:51 pm Post subject: |
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These things are very specific to the jurisdiction. Do a quick Google search on North Carolina renters' laws.
Here in Ontario, for instance, once your lease expires, you're automatically on a "month-to-month" plan, from which a landlord can't evict you without cause, and you can leave whenever you want with two months' notice.
It's probably different in NC, but you don't have no relationship at all with the landlord. That is to say, there won't be a legal vacuum -- your situation will be covered by something, whether legislation or jurisprudence.
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Caniac Chuck
Curator of the Dog Park
Joined: 18 Oct 2007
Posts: 268
Location: Greensboro, NC
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| Posted: Wed Feb 13, 2008 6:53 pm Post subject: |
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The woman that handles all the apartment business where my girlfriend works says they can't say shit to me about it. That its just their fuck up for not getting me to resign.
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Jyrki21
Rebel Sell + Moneyball = Life
Joined: 18 Oct 2007
Posts: 2018
Location: Ottawa, ON
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| Posted: Wed Feb 13, 2008 6:55 pm Post subject: |
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| Caniac Chuck wrote: |
| The woman that handles all the apartment business where my girlfriend works says they can't say shit to me about it. That its just their fuck up for not getting me to resign. |
It probably makes it harder for them, but like I say, there will exist some legal relationship. e.g. It's not like you're no longer obligated to pay rent just because the lease is up. There are similar laws (stemming from English common law) around work provided without an agreement and being paid fairly, etc.
But yes, you may very well be able to just up and leave. Like I say, it depends on North Carolinian law.
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Caniac Chuck
Curator of the Dog Park
Joined: 18 Oct 2007
Posts: 268
Location: Greensboro, NC
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| Posted: Wed Feb 13, 2008 7:02 pm Post subject: |
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so far all I can come up with is a bunch of mumbo jumbo with nothing about what happens when your lease expires and you want to move out on a short notice.
I've been paying rent. I just don't want to have to pay for anything after I leave. I'll be able to move into the new place on the 3/1 if not a day or two sooner maybe. Hopefully that is! That would be when rent is due at this place here.
I'm afraid if I tell them now that i'm moving out they'll start their gears turning and figure out how to get some more money out of me.
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Bosc Ulrich II
OTP Resident Historian
Joined: 18 Oct 2007
Posts: 3477
Location: Sweetest lid in the league
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| Posted: Wed Feb 13, 2008 9:33 pm Post subject: |
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| Caniac Chuck wrote: |
so far all I can come up with is a bunch of mumbo jumbo with nothing about what happens when your lease expires and you want to move out on a short notice.
I've been paying rent. I just don't want to have to pay for anything after I leave. I'll be able to move into the new place on the 3/1 if not a day or two sooner maybe. Hopefully that is! That would be when rent is due at this place here.
I'm afraid if I tell them now that i'm moving out they'll start their gears turning and figure out how to get some more money out of me. |
I'm in Ontario with Ian so I can't give you any more advice than he has, especially considering it's NC you're in 
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razzmatazz
Go Habs Go! Vive le CH!
Joined: 18 Oct 2007
Posts: 1826
Location: Burnaby, B.C.
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| Posted: Wed Feb 13, 2008 10:17 pm Post subject: |
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| I would have thought an oral contract or implied continuing agreement gave both parties some measure of protection, but I do criminal law - talk to the real lawyer... |
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harmfuljays
King of Men
Joined: 18 Oct 2007
Posts: 1507
Location: Djibouti
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| Posted: Thu Feb 14, 2008 8:33 am Post subject: |
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As the real lawyer says I would guess you are on a month to month whether implied or not. I know this sounds like a dumb question but have you reread the original lease to see if there is some type of clause in there?
I would at least give them as much notice as you can and explain the situation. You are better off that way if someone or something comes looking for your references in the future.
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Jyrki21
Rebel Sell + Moneyball = Life
Joined: 18 Oct 2007
Posts: 2018
Location: Ottawa, ON
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| Posted: Thu Feb 14, 2008 9:47 am Post subject: |
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Doing a quick Google search, it looks like you're a "holdover tenant" in NC right now, the terms of your lease don't apply (unless, as Harmy notes, there is a term in there that says what happens in the event of non-renewal where you stay in the premises), and I gather, depending on whether the landlord has consented to your remaining there (which I imagine they have if they've taken rent from you), they may be able to get rid of you with no notice. Conversely, I imagine you could leave very easily too. Although in the absence of all other evidence, it looks like NC has a presumption (from case law mentioned below) that you're a year-to-year holdover, which is surprising.
Here is a sample NC holdover clause, you very well may have something like it in your lease which dictates what happens:
| Quote: |
| TENANT'S HOLD OVER. If Tenant remains in possession of the Premises with the consent of Landlord after the natural expiration of this Agreement, a new tenancy from month-to-month shall be created between Landlord and Tenant which shall be subject to all of the terms and conditions hereof except that rent shall then be due and owing at ______________________________________________________________ DOLLARS ($___________) per month and except that such tenancy shall be terminable upon thirty (30) days written notice served by either party. |
(So in this case you'd still need to give a month's notice before leaving).
The rest is factual -- have you given them any deposit? (Whether a security deposit, which appears to be legal in NC, or last month's rent?) If not, you really don't have much to worry about.
| Forman Rossabi Black wrote: |
| A tenant is not entitled to an automatic renewal of a residential lease at the end of the rental term. Sometimes a tenant is allowed to remain in the premises following the end of a lease. However, such a "holdover tenant" is not protected by the terms of the expired lease. The addition of a renewal provision in the rental agreement can allow the tenant to renew the lease so long as the landlord is notified by a certain time. |
| Jrank.org wrote: |
When an individual agrees to rent or lease real estate property the tenant signs either a lease or a rental agreement with the owner of the property outlining the terms of the agreement. The difference between rentals and leases is that the terms of leases are generally for at least one year, though lease payments are usually paid by the month. Terms for rentals are generally month-to-month, although they are occasionally paid on a weekly term. Virtually all states recognize that at the end of a lease, the term converts to a month-to-month rental unless a new lease is signed and the landlord continues to accept monthly payments.
NORTH CAROLINA:
Terms of Leases: Landlord may treat tenant as trespasser and eject or may recognize him as tenant with presumption of year-to-year tenancy. (Murrill v. Palmer, 80 S.E. 55); this presumption is rebuttable and will yield to the actual intention of the parties (Gurtis v. City of Sanford, 197 S.E. 2d 584 (1973).
Deposits: Limits: week-to-week, 2 weeks rent; month-to-month, 1 ½ months rent; over month-to-month, 2 months rent; interest on deposits not required; deposit must be returned within 30 days of termination. |
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