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Marsha411JD, Attorney
Category: Landlord-Tenant
Satisfied Customers: 20222
Experience:  Licensed Attorney with 29 yrs. exp in Landlord Tenant issues
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Landlord agreed by text message that I could stay days after my lease was up. Now h

Customer Question

Landlord agreed by text message that I could stay for 15 days after my lease was up. Now he wants me out in two weeks because he rented it to someone else. Do I have to move in two weeks? I live in NC
Submitted: 2 years ago.
Category: Landlord-Tenant
Expert:  Marsha411JD replied 2 years ago.
Thank you for the information and your question, however, I will need some clarification of your facts. First, I need to know when your lease is up and if you or your landlord gave the other person written notice that the tenancy would end on that date? Then you say that the landlord says you could stay 15 days and now gives you two weeks to move. That is only one day difference, can you explain the timeline for me of when your lease is up, when the 15 days would run, and when the landlord wants you out. Also, have you paid rent?
Customer: replied 2 years ago.
The lease is up at the end of June. The 15 days brings it to July 15. I don't think he gave the new tenet the info on the 15 days. I have paid the rent for June. The landlord wants me out June 30.
Expert:  Marsha411JD replied 2 years ago.
Thank you for that clarification. North Carolina has the shortest notice requirement by either the landlord or tenant to terminate a month to month tenancy. It is 1 week. In other words, either party can terminate a month to month tenancy with only 1 week's notice. The only thing that would override this law is if you have a written lease that requires more notice. In that case, you and the landlord must follow the terms of the lease.
So, for example, if the lease requires 2 weeks notice, then that is what is necessary. The fact that your landlord agree to let you stay in a text is, unfortunately, not an enforceable contract. So, in this case, unless the lease says differently, your landlord can hold you to moving at the end of the written lease.
Please let me know if you need any clarification.
Expert:  Marsha411JD replied 2 years ago.
Hello again,
I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 8th. For some unknown reason, the Experts are not always getting replies or ratings (in the pop up box, which is how we get credit (paid) for our work) that the customer thinks have gone through. In your case I received neither. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator.
In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at:
Thank you.

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