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I am renting "month - to month", and have no lease, nor any written
agreement. I have never been late paying rent, not have I done damage
or violated any restrictions. In short, it is rather crazy that I am
being asked to move.
This is happening in North Carolina.
I am aware that there are provisions in the NC statutes which apply
when there is a lease, either written or verbal, but what I don't know
is what my rights are in this situation, in which no lease exists.
Can this landlord simply "terminate the verbal contract" and then
force me to leave ? Do the prohibitions against "self-help" eviction
apply in this case, despite the absence of a lease ?
Though moving is the simplest option, my situation is such that
I will be relocating to another state in 3 months, and so moving into
another apartment for that short interval is a hassle I'd rather avoid
( plus, it's a lousy thing to do to the new landlord ).
I'd like to hear from lawyers, but any advice is appreciated.
thanks !
- Ed
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Ed wrote:
[no lease and now is being told the landlord will not renew another month]
Can this landlord simply "terminate the verbal contract" and then
force me to leave ? Do the prohibitions against "self-help" eviction
apply in this case, despite the absence of a lease ?
There is nothing in your post indicating there is a contract of any nature
so if you state the facts properly, then there is no unilateral termination
of any contract. You are NOT being evicted because that implies the landlord
excercising his rights under the law when you break a lease. You yourself
state that there is no lease so there is nothing to evict you from or
terminate. What your landlord is doing is simply failing to rewnew your
month to month agreement.
Unless NC has some very strange statute covering your situation, I'd say you
must move at the termination of the current month.
Though moving is the simplest option, my situation is such that
I will be relocating to another state in 3 months, and so moving into
another apartment for that short interval is a hassle I'd rather avoid
( plus, it's a lousy thing to do to the new landlord ).
There are many long term motels available as well as short term apartments
for just such situations. I'm near a large Airforce base so these places
exist around her a lot. I suggest you search them out. They normally aren't
as nice as your own place, but work fine for a few months.
I'd like to hear from lawyers, but any advice is appreciated.
You just got some 'any'.
-paul
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I am renting "month - to month", and have no lease, nor any written
agreement. I have never been late paying rent, not have I done damage
or violated any restrictions. In short, it is rather crazy that I am
being asked to move.
This is happening in North Carolina.
I am aware that there are provisions in the NC statutes which apply
when there is a lease, either written or verbal, but what I don't know
is what my rights are in this situation, in which no lease exists.
Can this landlord simply "terminate the verbal contract" and then
force me to leave ? Do the prohibitions against "self-help" eviction
apply in this case, despite the absence of a lease ?
Though moving is the simplest option, my situation is such that
I will be relocating to another state in 3 months, and so moving into
another apartment for that short interval is a hassle I'd rather avoid
( plus, it's a lousy thing to do to the new landlord ).
I'd like to hear from lawyers, but any advice is appreciated.
thanks !
- Ed
Generally, when you are on a month to month, the landlord can evict
you without cause provided he gives you a 30 day written notice. So
at the end of 30 days, if you are not out, he may begin the eviction
process by serving you a notice to quit. Usually this notice is 3 or
5 days. After that time period expires, he files his complaint with
the clerk of courts.
Your better off trying to be humble and ask if you can stay for the
2-3 months you need, possibly give him more rent or some other
arrangement but the landlord is under no obligation.
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I am renting "month - to month", and have no lease, nor any written
agreement. I have never been late paying rent, not have I done damage
SNIP
I am aware that there are provisions in the NC statutes which apply
when there is a lease, either written or verbal, but what I don't know
is what my rights are in this situation, in which no lease exists.
SNIP
Can this landlord simply "terminate the verbal contract" and then
force me to leave ? Do the prohibitions against "self-help" eviction
apply in this case, despite the absence of a lease ?
SNIP
A quick comment (I am not a lawyer, this is not legal advice, consult
with a lawyer in your local jurisdiction):
First, you should contact a tenant's rights organization in your area,
if one exists. They can be quite helpful, especially since they would
know the local landlord-tenant law.
Second, be aware that, if you really do have a month-to-month lease
(which is to say, you almost certainly have some sort of lease, even
if not in writing), and your landlord has decided to terminate it (and
has given you the notice required by law), then you are not, as you
say, being "evicted." Your landlord has terminated your lease, as he
may be entitled to do, and your right to occupy the premises
terminates along with it. What you may want to do is talk to a local
attorney or tenant's rights group about whether your local law
prohibits landlords from terminating periodic or at-will tenancies for
retaliatory or other improper reasons.
FR
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I am renting "month - to month", and have no lease, nor any written
agreement. I have never been late paying rent, not have I done damage
or violated any restrictions. In short, it is rather crazy that I am
being asked to move.
This is happening in North Carolina.
I am aware that there are provisions in the NC statutes which apply
when there is a lease, either written or verbal, but what I don't know
is what my rights are in this situation, in which no lease exists.
Can this landlord simply "terminate the verbal contract" and then
force me to leave ? Do the prohibitions against "self-help" eviction
apply in this case, despite the absence of a lease ?
I am not a North Carolina lawyer, so you should contact a local lawyer
for specific advice.
In general, a month-to-month tenancy is terminable at will by either
party, at the end of the following month, upon notice given.
As you've recognized, your state's statutes may modify the common law.
But I doubt there is any additional notice requirement imposed. What
you have, in essence, is a contract that is renewable upon mutual
consent (which is probably presumed if notice is not given). I'd be
pretty surprised if NC law required a landlord to keep a tenant on
past the expiration date of the contract.
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