Fayetteville, NC asked in Landlord - Tenant for North Carolina

Q: is there anyway to win in a eviction case with a month to month lease

1)I was scammed into renting a home. 2)When it discovered by the real home owner ABJ Investment they graciously allowed my family to stay. The home however had been sitting for over ten years and many repair needed. Major repair replace water pump. $1500. Investor allowed us to repair the water pump on forebance of two month which is the same money amount as the water pump $1500. So when I went to pay my rent for the first time. They rejected and stated they wanted us to move due to non payment. But I paid and they returned it. Can they evict me after agreeing to allow me to stay. i have month to month rent. i have never been late. the first time i paid rent it was not recieved because i was provide the wrong address by home owner. when the mail came back returned i physically went to deliver the money orders of rent. they told me to keep it and move out within 30 days. i mailed next month rent and they also sent that back.

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1 Lawyer Answer
James L. Arrasmith
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  • Landlord Tenant Lawyer
  • Sacramento, CA

A: In cases involving month-to-month leases, your options for contesting an eviction largely depend on the specific circumstances, including any agreements made with the property owner and local tenant protection laws. Given your situation, where there was an initial scam followed by an agreement with the actual property owner that allowed you to stay and make repairs in lieu of rent, it's crucial to document everything. This includes any agreements (preferably written), receipts for the repair work done, and any communication regarding rent payments and the refusal of such payments.

If the property owner agreed to let you stay and then refused your rent payment under the terms initially agreed upon, you might have grounds to contest the eviction. It's important to review your local tenant laws to understand your rights and the process for evictions. Sometimes, tenants have protections against eviction if they can prove that they've complied with the lease terms and made all necessary payments or repairs as agreed upon. Keep in mind that month-to-month leases generally allow either party to terminate the lease with proper notice, which varies by location but is often around 30 days.

Your best course of action is to gather all evidence of your agreement with the property owner and any communications regarding your attempts to pay rent. It may also be beneficial to reach out to local tenant advocacy groups for guidance or seek legal advice to understand your options better. Knowing your rights and the specifics of tenant laws in your area can be crucial in contesting an eviction and ensuring your family's stability during this challenging time.

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