Tenant terminating a lease.

Asked by Durham, Durham, NC Sun Nov 2, 2008

I singed a 6 month lease with an apartment in durham.
After the six month, the lease went to month to month lease.
In the lease rules it stay that I have to give 60 days notice to landlord when I am terminating the lease.
I want to terminate the lease but gave landlord a 30 day notice (since I am now in a month to month). He claim I am still respsonsible for the rent of the other 30days ince it was written on the lease the "60 day notice".

Do I still owe the landloard the extra month, even if I leave at the end of the 30 days.

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Len Montgome…, Agent, High Point, NC
Tue Nov 4, 2008
I certainly can't give legal advice as I am not an attorney. With that said, it is my understanding that once a lease ends and you move to a month to month, the 6 month lease is now obsolete and has no bearing. Consult an attorney if you feel you need to. I would definitely document all moves going forward (i.e. conversations, video or photograph your walk through, etc...).
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Tonya Snow-S…, Agent, Durham, NC
Mon Nov 3, 2008
Unless your new month to month lease stated otherwise, you are most probably responsible for the 30 days. It doesn't seem fair, I'm sure. Sorry....I hope this helps.
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Michael Colv…, Agent,
Sun Nov 2, 2008
Generally 30 days notice by either party is the way a month to month lease works, I would have an attorney look at your lease and get his advice. Are you moving to a new place or buying a home?
I will ask the attorney I use on Monday if you would like to contact me and send me your lease.
Web Reference:  http://www.colvinm.hpw.com
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Scott Godzyk, Agent, Manchester, NH
Sun Nov 2, 2008
The law is usally 30 days however if you signed a lease that states that, you could be held responsible unless a judge considers it not to be valid or determines 60 days not to be reasonable. You should seekl the advise if an attorney in Durham as they will know what the landlord tenant rules are in NC. Your first meeting is usually free. You should check the state website first and look up landlord tenant laws and see if they have a section regarding giving notice. good luck with working it out.
Web Reference:  http://www.ScottSellsNH.com
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