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Irwin Law
Irwin Law, Attorney
Category: Landlord-Tenant
Satisfied Customers: 7092
Experience:  Attorney 35 years extensive and active real estate practice; represents both landlords and tenants
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I have lived in a rental home in shiloh, NC, 3 years.

Customer Question

I have lived in a rental home in shiloh, NC, for almost 3 years. We started renting this house, Sept 1, 2012. I have asked over and over again for the landlord to give me something in writing for our lease agreement. The landlord always says, you will find out that I am a very nice landlord and we don't need one.
I know better to have a lease, and I can not tell you how many times I have asked, but the landlord has been very nice to us also. My husband was laid off and the landlord took 100.00 off the rent for that month. When my husband returned to work, I gave him the extra 100.00 back in cash and he said no, I told your husband that I did not want that money back.
We pay 800.00 a month which in fact this house should be around 1,000 to 1,200 a month in Camden County, NC. My husband and I know that, but the landlord always tells me that he does not charge us that much, because he is happy that someone lives in this house, because this house is in front of his farm business and he tells me all the time that with us living in the house it helps his business not get robbed.
In this area we have had a lot of robberies, around the christmas times.
So before Sept. 1, 2013, our 2nd year into renting from this landlord, I asked again, are we going to get a lease and is the rent going up for the second year. Again the landlord said no, I will not raise your rent because you help me out for living in this house and no robbiers.
Then the 3rd years as come, Sept. 1, 2014. I asked again is the rent going up and can you give me something in writing to say we have a lease. Again no.
Well, come Feb, 2015, I noticed a water stain in the livingroom ceiling. I texted the landlord and he was over here trying to get in my front door, before I could open it and he kept knocking really hard on the glass door, while I kept saying give me a minute I will be right there.
Anyway, he was so mad and inisted that I busted the pipe upstairs because I did not run any water in the upstairs bathroom sink. I said I did and it is still dripping upstairs. This was at the beginning of Feb, 2015 and that week we were frozen over and the children could not even go to school for a whole week.
Anyway he again inisted that I either busted the pipe or I overflowed the shower or sink upstairs and destroyed his house because now he has to take up all the brand new carpet upstairs and tear into the walls and ceiling downstairs. (I could not believe how dumb and rude he was acting).
Long story straight, he was so mad at the situation he says to me oh by the way I am raising your rent due to the fact that I just got slammed with a big property tax hike. I said okay how much went up, he said for this house it went up 750.00. I said oh that is a big hike up in taxes. He said yes and I have no choice but to go up in rent.
So I told my husband what he said and my husband and I were very concerned because we were not sure if he was raising the rent because of the taxes or because he was mad. Which by the way the plummer did tell him that these was no busted pipe and no one upstairs overflowed the shower, toliet or sink. I was very happy to hear the plummer say this to the landlord.
So in March, 2015 I still gave my landlord 800.00 for rent since he has never told me what the rent was going to be raised to.
My husband went over and talked the landlord and said, I understand you are going up on our rent. The landlord said yes I have no choice because of the taxes going up so much. (My husband and I had already talked about this and we estimated that he would go up about 75.00 a month, that way after 10 months he would get his 750.00 and the last 2 months he would make some extra money).
That was not the case, he told my husband that rent was going up $150.00 a month. My husband came back to the house and had a look on his face I could not figure out why. My husband told me that the rent was going up in April, 2015 to 950.00. I said what I can not believe he is going up that much in one year and we are in the middle of our 3rd year.
I said we do not have that much for April, 2015, but I will in May of 2015. So my husband asked him could we just pay 75.00 extra in April, 2015 (875.00) and then in May, 2015 we would start paying the full 150.00 extra a month (950.00). The landlord said yes.
So I am so afraid that I have no rights as a tenant because I can not get a lease agreement from this landlord.
I do on my checks always say rent for this month of this year.
In April, 2015 I said rent went up 75.00 extra.
In May, 2015 on my check I wrote, Rent has increased to 950.00 starting in May, 2015.
I check a copy of all my checks and I always text any problems in the house.
Oh by the way, my ceiling in the livingroom is still not finished properly and when we came home after the landlord told us the ceiling was fixed, there was white powder everywhere, in 3/15. I am still cleaning.
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Irwin Law replied 1 year ago.
The only right you have as a month-to-month tenant is 30 days notice of your lease termination. What I suggest you do is ask the landlord put in writing one lease term, which is that he will give you at least some months notice of lease termination. It's not a full lease, but it's better than nothing
I hope that this information is helpful and that you will enter a positive rating. That is the only way I will be compensated for assisting you. I will be happy to answer follow-up questions which relate to this one. Also, since we are not acting as your attorney be sure to confirm our information with a local attorney. Thanks for choosing JUST ANSWER.
Expert:  Irwin Law replied 1 year ago.
Good morning. I wish to correct something in my previous answer. Most states require 30 days notice but North Carolina has a statute which requires only seven days notice to cancel a month-to-month lease. Here is the notice statute: § 42-14. Notice to quit in certain tenancies.
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; a tenancy from week to week, of two days. Provided, however, where the tenancy involves only the rental of a space for a manufactured home as defined in G.S. 143-143.9(6), a notice to quit must be given at least 60 days before the end of the current rental period, regardless of the term of the tenancy. (1868-9, c. 156, s. 9; Code, s. 1750; 1891, c. 227; Rev., s. 1984; C.S., s. 2354; 1985, c. 541; 2005-291, s. 1.) I hope that this information is useful and
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