I have a tenant who has occupied an apartment in my home for 3 months. Upon giving me her deposit I presented her with a month to month lease which she accepted by presenting me with her deposit. She conveniently always had an excuse for not returning the lease after taking occuoancy and this morning I received an email that she is moving our in 2 days. The lease that we agreed to in front of a witness calls for 30 day notice- she is stating now that there was no agreement because she did not return a signed lease, but she has had occupancy of the apartment for 3 month. I have fulfilled all of my landlord responsibilities with maintenance, even allowed her to bring in an extra dog when she told me she only had one. Is there no implied agreement here without a signed lease? We live in North Carolina.
Country relating to Question: United States
State (if USA): North Carolina
I have asked her to honor the 30 day notice and be resposible for the rent during that time and she has refused as well as insisting that I return her security deposit the day she vacates.
Hello,If there is no written lease that you can locate, then the tenant would be considered a tenant at will under an oral lease. A tenancy at will can be terminated by either party giving a 30 day notice to terminate. So even though there might not be a written lease that states it, legally she would still have to give a 30 day notice to terminate..So if she only gave you 2 days notice, you can legally hold her liable for an additional 28 days prorated rent. If she has a deposit, you can legally deduct the rent from the deposit (assuming that there are no damages). If there are damages and the deposit doesn't cover the rent and damages, you would have to file suit against her in small claims court for breach of contract..You are under absolutely no obligation to refund her deposit when she moves. The landlord must return the deposit within thirty days of the end of the lease. If the landlord keep any portion of the security deposit, for any of the reasons given above, the landlord must explain the charges to the tenant in writing sent to their. This is referred to as an accounting. If the landlord does not have an address where a tenant's security deposit refund/letter for damages can be sent, he/she must hold the balance of the security deposit for at least six (6) months. (NCGS 42-52) .
Please do not rate 2 stars/faces "Helped a little" or 1 star/face "I expected more" if you need further help as this is considered a negative rating against me. Just reply to me via the “CONTINUE CONVERSATION” button with the issue you have as I receive no compensation for my efforts for the lowest two ratings.
Please keep in mind that I am trying to help you understand and resolve your situation. I don't make the laws, I am just reporting or interpreting them, so the outcome may not be what you had hoped for.
. Please be patient as I am typically working with several customers at any given time. Some answers take 5 minutes, some 35 minutes. But rest assured, I will get back to you.
Please be aware that I am not entering into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. With that in mind, please do not post any specific information you do not want available for public viewing. The information provided is not a substitute for a local attorney’s legal advice.
Attorney for over 13 years, landlord 24+ years
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).