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

    Apr 19, 2007, 05:53 AM
    Tenant Law
    I have a question, we had a lease agreement with someone and it expired in January and we never signed a new one. Well, according to NC laws we can give one week's notice for month to month lease. I gave my landlord a week's notice. She keeps calling me at work and my husbands work crying and saying we ruined her life. We have told her not to call us anymore, but she keeps doing it. What can we do? We have changed our telephone numbers because she kept calling. Please Help !
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Apr 19, 2007, 06:12 AM
    Well it surprised me but I checked and you are right:

    § 42‑14. Notice to quit in certain tenancies.
    A tenancy from year to year may be terminated by a notice to quit given one month or more before the end of the current year of the tenancy; a tenancy from month to month by a like notice of seven days; a tenancy from week to week, of two days. Provided, however, where the tenancy involves only the rental of a space for a manufactured home as defined in G.S. 143‑143.9(6), a notice to quit must be given at least 60 days before the end of the current rental period, regardless of the term of the tenancy. (1868‑9, c. 156, s. 9; Code, s. 1750; 1891, c. 227; Rev., s. 1984; C.S., s. 2354; 1985, c. 541; 2005‑291, s. 1.)

    Generally, the UCC states that, on a month to month lease, either party must give notice that includes a FULL rental period. So NC is definitely not landlord friendly. If I were a NC landlord I would never allow a tenant to go month to month. One week is NOT enough time to replace a tenant and that means the landlord will lose money.

    But since the law is on your side, I would simply tell her to check 42-14 of NC state laws and suggest that she make sure she understands the laws before becoming a landlord.

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