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    Letalis's Avatar
    Letalis Posts: 1, Reputation: 1
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    #1

    Apr 3, 2009, 09:42 AM
    Want to move out at end of the lease, but roommate doesn't
    I am currently in an apartment with a roommate in Raleigh, NC.
    Our lease expired and we decided to stay and automatically got changed to a month to month lease.
    I recently found out that my roommate has been late with the rent 6 out of the past 9 months, the most recent getting us a small claims summons, which the complex canceled after payment.

    After this, and bad roommates in the past, I intend to vacate the premises upon giving a 30 day written notice, but the complex say HE has to sign me off, and he can only do that if they determine he can afford to live here by himself.

    This does not sound right to me, seeing as that would say that after a 2 year lease comes to an end and I decide I want to leave but he decides not to, that I am stuck unless he signs me off. So in effect I would be forced to live there as long as he decides he wants to.

    My lease states termination as such:
    Either party hereto may terminate this Agreement at the end of the term by giving the other at least sixty (60) days written notice prior to the end of the term. Provided, however, if this Agreement is not so terminated by written notice as provided herein, it shall be deemed to continue after said term on a renewing month-to-month basis, subject to all of the terms and conditions of this Agreement. After the initial term expires and the tenancy continues on a month-to-month basis as herein provided, either party may terminate the month-to-month tenancy by giving at least thirty (30) days written notice of their intention to vacate the premises.
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #2

    Apr 3, 2009, 09:52 AM

    I might be wrong, but if you're on a month-to-month tenancy, I think you should be able to vacate the premises as long as you provide your 30-day notice of vacancy. I don't see why your roommate should be able to dictate where you live.

    But just to be sure, I'll ask a real estate expert to take a look at this for you :)

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