Legal Question in Real Estate Law in North Carolina

I'm a renter that is moving out. I started off on a yearly lease and moved to a month to month lease in 2011. My yearly lease specifically states that it ended in 2011. It's not 2013 and we are moving out from our month to month lease, we signed nothing additional in our month to month lease. The yearly lease states that rent shall be paid in advance on or before the first day of each subsequent payment period for the duration of the tenancy. But, again this states that the end of the lease period being October 2011. My question is, should I have to pay the full amount of my final month if my occupancy is shorter (10 days less)? As far as I can figure, since my year-to-year lease expired in 2011 and I've been on month-to-month with no additional signed contract than it would fall back to NC state law, which only requires 7 days notice (we gave 30 days) and only pay for the amount of the occupancy for the final month. I would greatly appreciate the assistance, as well as pointing me to specific references to all information. Thank you.

Asked on 11/06/13, 9:02 am

1 Answer from Attorneys

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Yes you have to pay the full amount of the rent for the month. You are choosing to leave in the middle of the month. Its not the landlord's fault. Where do you get the idea that you can only pay for part of the month?

Unless its written into the lease or you have something in writing this is not how this works.

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11/07/13, 5:24 pm

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