Landlord-Tenant

Ask a landlord-tenant lawyer and get answers ASAP

Ask a Lawyer,
Get an Answer ASAP!

Landlord-Tenant

We are breaking our lease early and notified our landlord…

Customer Question
We are breaking our...

We are breaking our lease early and notified our landlord (60 day notice)... he gave us a "Early Lease Termination and Surrender of Possession Agreement" to sign... some of the wording doesn't sound right. Are we responsible to waive all our rights and continue to pay for utilities, trash, and yard?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Sorry... NC

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

We agreed to pay for yard maintenance, but that cost is included with our rent rate.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

May I find out before connecting how much I will need to pay?

Lawyer's Assistant: It can cost anywhere from $10 to $100, depending on the type of issue and how much of the Landlord-Tenant Lawyer's time your question is expected to take (how complex and lengthy an answer you require).

Okay! Will someone be able to help me for NC laws?

Submitted: 2 months ago.Category: Landlord-Tenant
Show More
Show Less
Ask Your Own Landlord-Tenant Question
Answered in 1 minute by:
12/21/2017
Lawyer: legalgems, attorney replied 2 months ago
legalgems
legalgems, attorney
Category: Landlord-Tenant
Satisfied Customers: 11,930
Experience: Just Answer consultant at Self employed
Verified

Good Day!A few minutes please as I review your question so I can provide you with legal information. Thanks!

Ask Your Own Landlord-Tenant Question
Lawyer: legalgems, attorney replied 2 months ago

Sorry to hear you are having problems with ending the lease; can you tell me if there is a provision in the lease that governs early termination?

Ask Your Own Landlord-Tenant Question
Customer reply replied 2 months ago
Thank you!
Let me double check...
Customer reply replied 2 months ago
Can I forward you a copy of our lease? If that's okay? We want to do the right thing, but I'm also afraid to sign a new agreement and be liable for other charges
Customer reply replied 2 months ago
Is that okay?
Lawyer: legalgems, attorney replied 2 months ago

Actually I am not able to review legal documents;

most leases will state "liquidated damages" and have a buy out amount.

Basically the lease is binding between both parties unless there is a reason to terminate; for a tenant that would include being a victim of specific crimes, entering active military duty, harassment by the landlord, or unfit premises.

If those don't exist the tenant is obligated for the duration of the lease.

However under the NC case, Isbey v. Crews, 284 SE2d 534 a landlord has a duty to mitigate damages; I'll post this then review your last post and continue.

Ask Your Own Landlord-Tenant Question
Lawyer: legalgems, attorney replied 2 months ago

The duty to mitigate means that the landlord must attempt to rerent the unit and if successful must deduct the rent received from the amount the tenant would owe under the lease, but may charge for advertising costs.

If the landlord is unable to rerent, despite "due diligence", the landlord may recover the full amount owing under the lease (breach of contract theory).

If there is a buy out provision (usually to pay $X dollars to terminate the lease early) that would be controlling.

Many times the parties will attempt to negotiate which often includes the payment of a fee, and a release. When signing a release that means usually that neither party may sue for grounds that arose under the lease.

Please let me know if that makes sense.

Further questions? Please post here to continue the chat.

Satisfied? Kindly rate positively so I receive credit for assisting you. I hope that you feel I have earned

5 stars 🌟🌟🌟🌟🌟*****

as I strive to provide my customers with great service. ☺️

(no additional charges are incurred).

Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. The terms addressing this can be viewed here:

http://ww2.justanswer.com/terms-service-0#information

Thank you and take care.

Ask Your Own Landlord-Tenant Question
Lawyer: legalgems, attorney replied 1 month ago

Hello again; just checking in to see how things worked out;

If you have no further questions a positive rating is most appreciated (at no additional cost to you) and allows the site to credit my account for the time spent assisting you!

if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
Thanks!

The above information is for educational purposes only. A consultation with a private attorney is recommended so they can apply the law to your specific facts, and suggest the best course of action. An attorney can be located here:
http://www.americanbar.org/groups/public_education/public-information/how-do-i-find-a-lawyer-.html
Terms of service can be viewed here:
http://ww2.justanswer.com/terms-service-0#information

Ask Your Own Landlord-Tenant Question
Was this answer helpful?
Ask legalgems Your Own Question
legalgems
legalgems
legalgems, attorney
Category: Landlord-Tenant
Satisfied Customers: 11,930
11,930 Satisfied Customers
Experience: Just Answer consultant at Self employed

legalgems is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Lawyer

46 satisfied customers

Landlord-Tenant Law Expert

LegalWiseNC

LegalWiseNC

Attorney

0 satisfied customers

Licensed Attorney in North Carolina.

barristerinky

barristerinky

Attorney

3,949 satisfied customers

Attorney over 17 years, landlord 26 years

Infolawyer

Infolawyer

Attorney

2,112 satisfied customers

Experience representing landlords and tenants.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,379 satisfied customers

Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.

Ely

Ely

Counselor at Law

1,278 satisfied customers

Attorney

LawTalk

LawTalk

Attorney

1,055 satisfied customers

I have handled Real Estate and Landlord Tenant matters for more than two decades.

< Previous | Next >

Related Landlord-Tenant Questions
Attn: Barrister I received an Answer to my Unlawful Detainer
Attn: Barrister I received an Answer to my Unlawful Detainer Complaint filed in Alameda County, California denying each statement of the Complaint. What happens now? (Incidentally, she did not check o… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
I have a property that my step son and his girlfriend live
I have a property that my step son and his girlfriend live in. We want to evict them. They do not pay rent and there is no lease. The girlfriend was not given permission to live in the property. The s… read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
580 satisfied customers
Our landlord keeps emailing us accusing us of smoking in our
Our landlord keeps emailing us accusing us of smoking in our unit. She is claiming there is an odor coming from our apartment and that she knows it is “me” because she smells it when I am home however… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
I own a trailer that is in a trailer park in Va. I let my
I own a trailer that is in a trailer park in Va. I let my son move in with a application verbally approved by past property management. My daughter in law complained to the current property manager ab… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,301 satisfied customers
I leased out our condo with 2year contract. it's been little
I leased out our condo with 2year contract. it's been little less than a year. Now I want to sell our unit but can we request the tenant to show our unit to potential buyer legally? Or he has right no… read more
Lori
Lori
Juris Doctor
634 satisfied customers
I have been renting a prpperty since August 2016. The
I have been renting a prpperty since August 2016. The landlord has not kept her word regarding repairs nor has she fixed the heat during these cold months, etc. I withheld rent and am now, thorugh an … read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
2,112 satisfied customers
My landlord via the leasing office/maintenance staff has
My landlord via the leasing office/maintenance staff has been entering my apt. after I've left. MY family base is in NY and I currently reside in NJ. I've reported same to the cops, they said that the… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My Baltimore tenant is in late on her rent with no intention
Hi..my Baltimore tenant is in late on her rent with no intention of paying. Also two of the leasee's broke the lease. I have filed for repossession of the property and am awaiting court date. To add i… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
I am helping my friend to evict a roommate. This roommate
Hi, I am helping my friend to evict a roommate. This roommate has 3 kids. she is abusing my friend verbally every day. my friend has a 8 years old girl. The roommate paid my friend from a church who i… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
I posted a 3 day paynor quit on my tenants door and took
I posted a 3 day paynor quit on my tenants door and took pictures of it but did not send a copy via certified mail. Do I have to send it certified mail also prior to starting the eviction process? The… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
My cousins has lived in my families house taking care of my
My cousins has lived in my families house taking care of my mother and she passed away back in 2015. My brother and I allowed her to stay in the house because she was pregnant. The baby is now 2years old and I have moved back home to take care of my elderly father and there is just not enough room in the house for myself, my father and her and 3 children. I've asked her to leave to leave on several occasion and she will not. What recourse do I have to evict her my family home … read more
legalgems
legalgems
attorney
11,930 satisfied customers
Well I honestly have bit of a description for an attorney.
well I honestly have bit of a description for an attorney. Is there a way I can receive a phone call to explain. It's honestly a lot to type out … read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
2,112 satisfied customers
I live in the front house I'm renting....recently the little
I live in the front house I'm renting....recently the little one bedroom house in the back was rented out... is it legal for them to put a fence without an opening that keeps me from getting out of my… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
I own a small business in minnesota. we have reached the
i own a small business in minnesota. we have reached the final month of our lease. we didnt pay the rent for february by the 5th of the month. our landlord has now threatened to change the locks on ou… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I rented the upstairs of a two-family home for 2 1/2 years.
I rented the upstairs of a two-family home for 2 1/2 years. I paid a security deposit. When the downstairs unit became available my landlord and I agreed I would move downstairs. When I was upstairs I… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
2,112 satisfied customers
You helped me out a year ago and I have a few questions
hello there! you helped me out a year ago and I have a few questions regarding a breakup with my ex boyfriend, his belongings, potential lawsuit and blackmail… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,612 satisfied customers
I recieved a 30 day notice after an argument with the
i recieved a 30 day notice after an argument with the landlord because he owes me money and refuse to pay … read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
I am selling my business but both me and my ex-husband are
I am selling my business but both me and my ex-husband are guarantors on the commercial lease, along with two other former partners. My fear is if the new owner cannot pay the rent at some point ( the… read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,734 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x