never signed a lease

just had an agreement to pay 350 a month and split electric

have to sign a lease or i will get kicked out in 2 days

do i have any ground to stand on?

supposedly cops will kick me out for trespassing wednesday

11/7/2005 10:50:03 PM

nope, you gotta sign the lease...that happened to my husband. His previous landlady was a slacker and didn't have him sign a lease for two months. He had to sign the lease when she realized it or she was going to kick him out.
Landlord's land, so if you don't sign the lease they can legally kick you out.

11/7/2005 11:02:45 PM

with a 2 day notice?

11/7/2005 11:12:31 PM

and what fucking college student signs a year lease in November.

11/7/2005 11:16:07 PM

this is fucking gay

how is a 2 day notice sufficient

11/7/2005 11:18:47 PM

man cant there be some rule about bein given enough time?

i mean shes using this tactic to make us sign...only giving us two days kinda doesnt give a lot of time to get a rental truck and get moved out so we'd almost have to sign

11/8/2005 12:20:58 AM

I don't think you have much room to argue since there is no legal document saying you are allowed to be there. A lease is a measure of protection for all parties involved and without it you are just leaving it to your word versus hers.

By the way, my neighbor is actually looking for someone to share the place with him... excellent apartment and if you are interested send me a PM.

11/8/2005 12:40:54 AM

I moved back one spring semester after cooping and took over one dude's room. Paid the rent upfront and never had/caused problems. Landlord was nice, responded to calls and was able to provide "proof of residency" when I needed it.

I wouldn't try to fight the property owner ... they'll most likely favor them over you, as they can always refund whatever rent you paid. I would sincerely call them and ask for additional time (say Monday) so you can review the lease and if necessary, pack your crap. Unless you done screwed up, most people are reasonable and will give the allowance.

11/8/2005 7:16:58 AM

WRONG:!!!!!!

The landlord cannot accuse you of trespassing until they have gone to court for an eviction. The ONLY I repeat ONLY method of eviction in NC is through the court system. The sheriff will not evict you without a court order.

The problem you have is that you will get evicted anyway because since you have no signed lease they will probably just look at it as month to month meaning that either you or the landlord can terminate the rental at any time.


http://www.ncrec.state.nc.us/publications-bulletins/Renting.html

Quote :

"At the court hearing, you can, of course, raise defenses. If the magistrate rules in favor of the landlord, you can appeal the decision within ten days. However, you must pay the appropriate rent to the clerk of court while the appeal is pending. If you do not appeal in time, or if the landlord wins the appeal, he can enlist the services of the county sheriff to execute the judgment and evict you. At all times throughout the process, the landlord must use peaceable means to regain his property. "Self-help eviction," such as changing the locks, removing your possessions, or padlocking your door, is not permitted."

[Edited on November 8, 2005 at 8:10 AM. Reason : .]

11/8/2005 8:05:39 AM

if a lease goes against nc renters law, which prevails?

eg, our lease says 60 days notice for cancellation, NC says 30
leases says we must clean carpets, NC says landlord's obligation under normal wear n tear.

i think i know the answer but just thought id throw it out there for clarification.

11/8/2005 8:21:11 AM

The law always wins, but you have to be careful to not misunderstand the law. If the law says that the tenant is not responsible for something, it doesn't necessarily mean that entering an agreement to make it the tenants responsibility is illegal. It may be on thin ice, but could hold up in court. On the other hand, if it specifically barred an agreement to make it the tenants responsibility, then it would be illegal.

There are a lot of grey areas in the law and it all depends on the views of the judge.

[Edited on November 8, 2005 at 8:33 AM. Reason : ?]

11/8/2005 8:28:23 AM

The cops/justice system will side with the landlord. It is the landlord's property and since you have no written proof that she said you could stay there at all. If she wanted to be a real hardass, she could say that she never agreed for you to stay there at all and that you are trespassing. Since it is her property, the police must side with her. Same thing as in if you had your own house in which you owned and someone you didn't want on your property came to see you. You can rightfully call the police and have them removed.

11/8/2005 1:25:04 PM

I'd reccomend talking to campus legal, but I had a situation similar to this happen to me. They were very helpful. What was explained to me, (and I'm assuming you have lived there for at least a month or so) is that she must give you a written eviction notice giving you 14 days to vacate. And you can then refuse to surrender the premises. After that she may file with the courts for eviction (buying maybe 7 days). It is also neccesary that that is your residence, meaning most of your stuff is there. When I worked with Charlotte-Mecklenburg Police this was also the case. The officers simply asked the woman if the subject lived there or had been living there. She said yes and the police told her to get a court order then becaue they couldn't remove him. My disclaimer is I'm not a lawyer, so I would say your bets are better asking one of them then tww.

11/8/2005 1:40:31 PM

Quote :

"The cops/justice system will side with the landlord. It is the landlord's property and since you have no written proof that she said you could stay there at all. If she wanted to be a real hardass, she could say that she never agreed for you to stay there at all and that you are trespassing. Since it is her property, the police must side with her. Same thing as in if you had your own house in which you owned and someone you didn't want on your property came to see you. You can rightfully call the police and have them removed"

the law says different
you must get a 30 day eviction notice
and whats really shitty is that even if you didnt know someone was living there and they were not suppose too, you still cant have them removed if they have been living there and have a reg. address at the dwelling

11/8/2005 1:48:34 PM

Quote :

"After that she may file with the courts for eviction (buying maybe 7 days)."

maybe more
time from filing to the day of court
plus 10 days til the court order becomes "official", whatever that means.

PM me if you want to know the court stuff and circumstances with it i had to deal with, b/c of Gypsy

11/8/2005 2:21:49 PM

I mean, I guess it would help if you wanted to try and fight it to have some sort of proof you have been paying rent. Maybe copies of checks or bank statements.

11/8/2005 3:46:50 PM

I didn't take the time to read all the posts, but here's what I know:

Leases in NC under 3 years DO NOT have to be in writing so your verbal agreement stands, but it is a lot harder to prove opposing positions in court. So, legally, you have a lease that will stand in NC court (especially if you can show history of payment, etc.). If you have proof of payment over a couple months it would be really hard for her to argue that she never had an agreement with you. Therefore, there is no way she could kick you out within 2 days just for not signing a lease. You are a legal tenant, and she must file summary ejectment with the state of NC to evict you and then it will go to court.

Anyway, what's wrong with signing a lease now if you are happy with the place? Is she trying to raise the rent or make you sign a year lease?

11/8/2005 9:05:00 PM

basically we are just wanting to get the fuck out of here at this point, so we packed up all day and it went a lot easier than we thought....he was threatening to call the cops if we were not out by 9pm which i kinda wanted him to do since student legal services told me what laws and rights i had, cause if he woulda called the cops like i coulda had him arrested if he threw our shit away

oh well, i'm just glad to be moving foward in my life and not have to deal with him anymore

11/9/2005 4:38:33 AM

well put a foldingchair and a tv in there and sit in there & drink until they show u a court ordred eviction since they are being shitheads

11/9/2005 11:32:47 AM

i'm surprised ur landlord is being that much of a dick and wants u out so soon

Are u late on rent or nething?

11/9/2005 11:57:18 AM