I thought I would post a new thread since the old one died.

FYI...

Quote :

"§ 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.) "

Quote :

"(6) Manufactured home. – A structure, transportable in one or more sections, which, in the traveling mode, is eight feet or more in width or is 40 feet or more in length, or when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained therein."

It looks like 30 days is all that is required by state law. The manufactured home appears to be anything that is transportable - ie mobile home?

Anyways, just pointing this out because we just got screwed out of 8 days worth of rent money because we notified within 52 days instead of 60 - something I have never ever had to deal with since I started renting a few years back. Especially when we specifically sign a lease for less than a year.

I would be interested in asking student legal services whether the 60 days is trumped by the 30 days.

What does TWW legal services think?

3/28/2007 5:42:09 PM

Your lease contract trumps the law in this case. The law exists as a guide for situations without an explicit lease contract.

3/28/2007 6:35:00 PM

so you have to formally tell them you won't be renewing? what if you sign a lease with the same company at a different complex?

3/28/2007 6:43:07 PM

^^where are you getting that?

3/28/2007 6:51:02 PM

^ im pretty sure he is right, 30 days is only a guideline, I've seen places that require 60 or 90 days. However, most of the time it's if you don't tell them by then the lease is considered over, NOT automatically renewed.

3/28/2007 7:01:04 PM

Why dont you read all those papers that you signed before you moved in. I would be more inclined to honor something I signed my name to, not some vague statute I found on the intertron

3/28/2007 7:27:45 PM

http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_42/GS_42-14.html

That is not some vague statement I found online, its the nc general statutes.

I did read the papers, however, I did not memorize all 10 pages of legal terms and paragraphs, I doubt you do the same everytime you sign something.

Not to mention, when signing a lease in which we specify the dates under which the contract applies, I did not think about an auto renewing clause. Like budman mentioned, I figured it would not automatically renew - especially given that we paid a higher rate for a lease which was clear it was less than a year.

I will talk to campus legal services to see what they say.

3/28/2007 7:32:18 PM

In most cases, if you do not give a notice to vacate at the end of the lease, it doesn't "renew" to a new 12-month period. Typically, it renews to a month-to-month lease. The first thing you need to do is read your contract about notice options and what happens at the end of the term.

3/28/2007 7:35:53 PM

^ that is how my lease works also

Were do you live they sound like a bunch of dicks (even though I think there in the right), usually places send out of a reminder (though there not required to). Looks like your place was hoping you didn't remember the clause so they could get more money.

[Edited on March 28, 2007 at 7:40 PM. Reason : .]

3/28/2007 7:39:08 PM

Quote :

"^^where are you getting that?"

Quote :

"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"

The law requires a minimum of one month, but says nothing about a maximum time frame that can be imposed by a lease contract.

Quote :

"I did read the papers, however, I did not memorize all 10 pages of legal terms and paragraphs, I doubt you do the same everytime you sign something. "

It would have been worth memorizing the terms under which your lease would end though.

Quote :

"Not to mention, when signing a lease in which we specify the dates under which the contract applies, I did not think about an auto renewing clause. Like budman mentioned, I figured it would not automatically renew - especially given that we paid a higher rate for a lease which was clear it was less than a year. "

Clearly then you didn't read your lease, as that would have been something spelled out in the lease and something one would assume would have set off a flag in your mind.

3/28/2007 7:49:41 PM

Quote :

"I doubt you do the same everytime you sign something. "

you couldnt be more wrong.

3/28/2007 8:00:34 PM

Here's an idea, read your lease, look at a calendar and see what day you need to give your apt complex notice, mark the calendar or put it as a future alarm in your cell. You don't forget. Easy.

3/29/2007 12:55:16 PM

^hayy good one

3/29/2007 5:23:20 PM

I think every complex I've lived in, or have asked friends about, require 60 days notice. Kinda sucks since most complexs have the best rent deals if you can move in by the end of the month, but if you need to find a place 60 days in advance, you don't get those deals.

3/29/2007 5:35:25 PM