Forest City, NC asked in Landlord - Tenant for North Carolina

Q: Being evicted NOT due to non-payment or illegal activity

Been renting for 6 years on an agreement, no lease. Landlord now say he needs the house, no other reason, and giving us 30 days.What rights do I have?

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2 Lawyer Answers

A: In the absence of a written lease agreement, the law presumes a month-to-month tenancy that either party can terminate on 30 days advance written notice.

You will be entitled to a refund of your security deposit less any repair costs the landlord incurs. Normal wear and tear cannot be deducted.

N'kia (NLN)
N'kia (NLN)
  • Cary, NC
  • Licensed in North Carolina

A: In North Carolina, without a written lease agreement saying otherwise, residential tenancy is month-to-month. That means that either party can terminate by providing notice of 30 days or more. The terminating party isn't required to give a reason, as it is merely a termination, not an eviction.

If you have questions about your specific rights, you should consider consulting with a knowledgeable attorney who can review the notice and advise you on your options.

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