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.
Optional Information: Country relating to Question: United States State (if USA): North Carolina Already Tried: 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) .
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Thanks.
Barrister
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