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LawTalk
LawTalk, Attorney
Category: Real Estate Law
Satisfied Customers: 27887
Experience:  I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
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Were in NC. We had a very informal written agreement with

Customer Question

We're in NC. We had a very informal written agreement with our landlords to rent from Oct/12-Dec/12. Since then we've renegotiated several times via emails (I have all of them) to extend our stay due to my husband's disability and needing surgery suddenly. All has gone well and again, it's all in writing.

We are scheduled to move out on 5/6/13, however I came down with viral pneumonia and cannot do any physical work to keep that promised date. I've tried to negotiate with the owners of the condo, but they are telling us that they will give us 24hrs notice & kick us out if we don't leave. Our rent is paid in full. This is a condo on Carolina Beach that they own and lease out by the week, month, etc.

I know they can evict us, but can they just "put us out" or do they have to follow the proper channels of a legal eviction process? All of the utilities are in their name. Can they shut off our water, electric, etc?

I appreciate any help you can give. Thank you!
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  LawTalk replied 1 year ago.

Good afternoon Theresa,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

In this latest rental period that you negotiated--the one which is supposed to end on the 6th---how long was that renewal term for? How may weeks or months?

Doug

Customer: replied 1 year ago.

We were trying to be out by May 1st, and they agreed to extend it until the 6th. I know that we will be out by 5/15 at the latest as we are planning a cross country move to help out my Mom in CA & it's important that we get there asap.


 


They wanted us to vacate on 5/1 originally so that they could come & do renovations, etc. This is why I asked them for at least the 10th or something, figuring we could have movers put our things in storage & just stay in a hotel until the freight car was dropped at our storage unit for the move to CA.


 


Now they are telling us that they have it rented again already for the day after we move out on 5/6 and that is why they need us out.


 


I hope this helps & I greatly appreciate your swift & compassionate reply.

Expert:  LawTalk replied 1 year ago.
Good afternoon,

Thank you for the additional information, Theresa,

It is vitally important that I know the length of time that this latest lease term was for. You said that you rented initially, and then periodically renegotiated for more time. The last time you renegotiated for the time (not the right to stay the extra 6 days though)---how long was the time negotiated?

Doug
Customer: replied 1 year ago.

I see...thank you. I simply need to quickly look through the email thread & I will get right back to you...15mins or less.

Expert:  LawTalk replied 1 year ago.
Great. I'll be here Theresa.

Doug
Customer: replied 1 year ago.

On 3/1 we renegotiated via email (again no lease) and both agreed upon 5/1 as the move out date. The only other negotiation after that was changing from 5/1 to 5/6 in the hopes that I would get better quickly. That is not happening & my husband is disabled to the point that he has not driven in 2 years and cannot do any type of manual labor. We have a handicap tag on our car & can prove his disability.


 


I did keep all communications to email so that I would have written proof of all conversations. We were dealing with the husband most of the time and now it's the wife (not very easy with her). She's staying in the area & upon me asking for 5/6 she called up saying she was "coming over here." I told her I felt that it was an intimidation tactic, then she got ugly saying "then I will just have to give you your 24hr notice to vacate." I was able to finally calm her down over the phone. After that her husband contacted me via email saying that he was trying to help us out by extending the time until 5/15. Unfortunately, then the wife replied to us saying that it had to be 5/6 as renters were coming the next day. It's been a lot of back and forth & I know we've inconvenienced them, however have offered to pay more for the extra time & to pay for a maid ourselves to do the final cleaning.


 


I'm sorry if this is more info than you need.


 


 

Expert:  LawTalk replied 1 year ago.
Hi Theresa,

Thanks for that information---that is what I needed and it is good news for you as well.

You see, NC has a law known as the Vacation Rental Act. Under the act, for tenants who enter into a rental agreement---it may be a formal writing, or oral---or in your case, oral with writings confirming the agreement-=--of 30 days or less, are subject to an expedited eviction process that can occur in as little as 18 hours. However, only rental leases of property for less than this 30 day period are entitled to this Expedited Eviction. Here is a link to the law, so you may copy it and present it to your landlord---or the police if the landlord tries something funny---like locking you out:

http://www.ncga.state.nc.us/EnactedLegislation/Statutes/pdf/ByChapter/Chapter_42A.pdf

No, what this means is that you will have to be evicted through the traditional process, which generally will take 2 to 4 weeks. Presuming that you pay monthly, and as a holdover tenant---one who stays beyond the lease date---you must first be served with a 7 Day Notice of Termination of Tenancy. After that time, the landlord may file for eviction in court and that process will take a while as well.

So, as long as you plan top be gone by the middle of the month--I see little that the landlord can legally do about you holding over until then. You will of course be obligated to pay rent---but you can not legally be forced out. Here is a link to a brief explanation of the eviction process required under NC law:

http://www.evictionresources.com/eviction_process_articles/north_carolina_eviction_process.html

 

You may reply back to me using the Continue the Conversation or Reply to Expert link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you when our communication is completed.

I wish you the best in 2013,

Doug


Customer: replied 1 year ago.

Doug, you are a lifesaver! I've never used this site or anything like this, but it's more YOU that I want to thank! For whatever reason you do this, you are a true blessing!!!


 


I haven't looked at the links yet, but will in just a moment. Am I safe to think that they also cannot turn off the utilities even though they are in their name?


 


I hate to do business this way, but it looks as if we'll have no choice. Maybe once they realize they will have to evict us, they will just work it out with us.


 


Regards,


 


Theresa


 


ps: I'm originally from Long Beach, CA and my Grandmother had a real estate business called "Bixby Knolls Realty". Her name isXXXXX She is also one of the reasons I'm moving back home. I'm an only child and my Mom has been taking care of my G'ma who has has Alzheimer for some time now. They really need my help. I was just wondering if her name sounded familiar to you?

Expert:  LawTalk replied 1 year ago.
Good afternoon Theresa,

You asked: Am I safe to think that they also cannot turn off the utilities even though they are in their name? It would constitute an illegal eviction for them to do that in an attempt to force you from the rental.

The name Ethel Henry is not familiar to me. Be safe in your move, and I wish you and your family the best in your futures.

Thank you too for your kind words. They are appreciated. Please keep in mind that until you rate me highly for my service, I will not be credited with helping you.

Thanks again.

Have a great day,

Doug
LawTalk, Attorney
Category: Real Estate Law
Satisfied Customers: 27887
Experience: I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
LawTalk and 10 other Real Estate Law Specialists are ready to help you
Expert:  LawTalk replied 1 year ago.
Thank you for your positive rating of my service, Theresa. It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should a future need ever arise.

Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have:
http://www.justanswer.com/law/expert-lawtalk/

Thanks again.

Doug

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10) there as well. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

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