Legal Question in Landlord & Tenant Law in North Carolina

I have 3 months left at my current apartment. I spent all this time miserable due to thin walls and loud floors can I move out if they find a replacement tenant?


Asked on 11/15/13, 9:31 am

1 Answer from Attorneys

You are not privileged to break your lease. If you leave early, you will be liable for any unpaid rent until the landlord finds a new tenant. Since you have dealt with it this long, you should write your landlord a letter now and advise that you will not be renewing your lease.

Read your lease carefully. Some leases will allow a tenant to leave early but the tenant will have to pay 2 months' rent as liquidated damages. If your lease has something like this then pay the money and leave. If there is no clause in your lease like this then you can talk to the landlord and see if he will let you leave early if you pay one or two months' rent. Just get any agreements in writing.

Are you locating a replacement tenant and is the tenant acceptable to the landlord such that they will be ready to move in when you move out?

If the landlord will not agree to an early termination of the lease and if you do not have a prospective new tenant for the landlord then I would suggest doing what I said and send a letter now advising of your intent not to renew. I would then start preparations for moving to a new place. I would move out in the middle of your last month. After you move out, clean the apartment and repair any minor damage, like nail holes in the wall. Make the apartment girl scout clean (better than you found it). Get the carpets professionally cleaned and get a receipt so that the landlord will not charge you for this. Take pictures of the cleaned apartment.

Arrange to have a move out inspection with the landlord within 7 days after you leave. Have a moveout inspection sheet and find out what is damaged if anything (there should be nothing damage). Note any problems on the sheet. Get a copy before you leave. Provide the landlord with your forwarding address and turn in the keys to the landlord. If you take these steps, you will get your security deposit back and will minimize any unexpected damage claims from the landlord. By providing your forwarding address, you will obligate the landlord to return your security deposit in 30 days or provide you with a damage estimate. If they violate the law then you can sue them.

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Answered on 11/15/13, 4:28 pm


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