Can A landlord do this???? - Posted by Tom

Posted by BR on February 07, 2000 at 17:22:32:

I can’t speak for NC but in Oklahoma he sure can. Thirty day notice and she’s outa there! Call your local board of realtors, they should have a copy of NC’s landlord and tenant laws. That should tell you what you need to know.

Can A landlord do this??? - Posted by Tom

Posted by Tom on February 07, 2000 at 16:44:24:

I get a phone call from my Daughter she is all upset. She has been renting a Home for over a year. Her lease ran out so she has been renting month to month.

The landlord tells her, He says Listen if you are going to stay there you are going to have to sign a lease agreement for another year. Other wise I am going to rasie your rent $300. per month(current rent is $700. and the place is not worth $1000 per month). Her problem, her family has grown and the home is too small now anyway. Her plans were to move after the school season so she wouldn’t have to uproute the kids from that district. She offered to sign a short term lease 3 to 6 months max, but he refused. He said its either a year or nothing. I believe he is trying to strong arm her into a year lease.

She has made all her payments on time and taken care of the place. So I am not sure what his concern is.

My question is, Can he raise the rents that much legally? This is in NC.

Thanks in advance


Could she the the following (with minimal repercussions)? - Posted by SusanL.–FL

Posted by SusanL.–FL on February 08, 2000 at 14:32:48:

How 'bout if she goes ahead and signs a year lease? It will carry her through the school year. Then, if she does have to break her lease later and move to larger quarters, send the landlord a written notice saying: “circumstances beyond her control make it necessary to move…” blah, blah, blah). She can offer to find a sub-lettor (sp?) for the landlord for the remainder of her lease.

If worse comes to worse, she may also wind up forfeiting her security deposit (if she breaks her lease).

I doubt, though, that the landlord would chase her down in court for the difference owed on the rest of her lease. He probably has better things to do with his time.

I’ve had instances in the past when my project was over sooner than expected (and I was only able to give two-weeks written notice to the landlord). I wasn’t able to go the full term of my lease either. Once in awhile I lost my security deposit; most times I didn’t.

Instead of uprooting the children from school, I’d take the chance and sign a new lease. Give it a shot; what the heck!! :slight_smile:

Good luck.

P.S. (Personally)…I’d rather let someone out of a lease rather than ‘hold them hostage’ and take the chance of them tearing the place up out of anger and frustration over their situation.

Re: Can A landlord do this??? - Posted by Rob FL

Posted by Rob FL on February 07, 2000 at 18:51:10:

Unless there is a rent control law (usually only in big cities like NYC or LA or San Francisco), otherwise why can’t he. The landlord owns the property. I agree strong arming people doesn’t give landlords the nicest image.

Maybe your daughter can offer to pay the landlord an extra $30-50 a month to go on a month-to-month lease. All you can do is ask.