Question on North Carolina lease notice?

Question

Hi, I had a verbal agreement with a friend who's house I was supposed to move into to give her 30 days notice before I moved out. I have had a family emergency and may not move in at this point. As I understand it in NC that law requires 30 days notice from any point in the month, but I just want find out what I would legally be responsible for. We had nothing in writing, just a verbal agreement, and I was going to be paying $450/month. She wants me to pay for the entire month of September, but I want to pay for half of the month, since I technically gave her 30 days as of yesterday. Does anyone know what the laws are in North Carolina. Thank you!

Answer 1

Technically you never moved in, so I don't think you owe her anything yet, however to be sure, call a real estate attorney, they won't charge you anything to answer a question.

Answer 2

First big question here - what do you mean by "I was supposed to move into".  Have you not moved in yet.  If not then without a lease agreement you are not yet a tenant and can just choose not to move in - problem solved.

Beyond that I don't know NC laws and can't say if you have to pay thru September or not, however if I were you I would tell her that she got 30 days notice and that is all that is allowed and if she disagrees make her prove it.

Answer 3

1st since  North Carolina  Lawyers don't  troll the Yahoo question and answers  forum looking for  questions to be asked  One would only suggest to Make a phone call to a Real estate Atty. It should NOt cost you anything unless you need the services of one.. something To Contemplate.. You said  this person WAS a Friend when you entered a  Verbal Contract to lease her PLACE. On one hand You have found it necessary to break that verbal agreement and verbal agreements are not legally binding as long as you are not concerned with the  Friendship issue, since no matter what  You became less then honest to her...having to break the contract.. soo... take it for what its worth,, Your friendship with her is most likely over  

Answer 4

Actually, in NC, a month to month lease can be terminated with only 7 days notice, but the notice must coincide with the end of a rental term (month).

Without the 30 day notice in requirement in writing, it is invalid, as NC law trumps it.

§ 42‑14

A tenancy from year to year may be terminated by a notice to quit given one month or more before the end of the current year of the tenancy; a tenancy from month to month by a like notice of seven days ...

Answer 5

I would propose to her that you have given official notice and she should start trying to rent the house now.  If she can find a tenant to take your place sooner than the end of september, then you should get prorated credit for the difference.

But if you look at it from her perspective, if you said yes, I will take the house, and I will give you 30 days notice, that generally means you'll give her a month to advertise and show the property before you move out.  since most people move out of their current home at the end of the month or sometimes on the 15th, its really pretty reasonable for her to want to be in a position where she can at least try to avoid being vacant.

From your perspective, the law seems to suggest the 30 days starts whenever you provide notice, no matter when in the month that might be.  So if you want to play hardball, and you are correct about the law, I'd say you can avoid paying all of September if you get confirmation its really a true 30 days from whenever notice.

I would be suprised if it is actually as you described though, again, because that sets up the landlord for wierd partial month vacancies.

Good luck!

Answer 6

The law in all states requires that you provide 30 days or more notice from any ONE specific rent due date. If your tenancy was to begin on September 1, and you gave notice around the 10th of August, you DO owe for the entire month of September, since your notice has the same effect as having been tendered on the first of September.