Legal Question in Landlord & Tenant Law in North Carolina

I pay a monthly rate for rent. My landlord requires the full amount for the last month, but requires us to move out on the 25th. He is also saying that we have to leave the power on for his cleaning crews after we move out or we will be charged a $100 utility turn on fee. Is this legal in the state of North Carolinaerequir


Asked on 5/11/13, 9:22 am

1 Answer from Attorneys

Kenneth Love Ken Love Law

No, neither of these items are legal.

First, if you lease says that you are entitled to the home until the end of the month, the landlord cannot ask you to leave early. This is clearly so that he can get the apartment ready to rent it on day one of the next month. Now, if your lease says you have the home until the 25th, then yes he can tell you leave then and still collect full rent, because that is what was contracted. If you have the home until the end of the month, and he wants you out on the 25th, then he should give you a prorated cut on the rent.

Second, he cannot force you to keep on the utilities for his cleaning crew...this is one of the cheapest moves I have ever seen.,

Now for the practical advice. He WILL most likely still charge you the $100.00 fee when you cut off the utilities. So you have two choices, let the utilities stay on knowing you will probably have to pay about $5.00 to $30.00, most likely range, in utilities for his use.

Otherwise, you can cut off the utilities and expect him to take it out of your deposit. When he does this, you can demand the money and when he refuses, you can sue him in small claims court to get it back. You can even hire an attorney and get attorney fees from him under the current law.

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Answered on 5/11/13, 6:07 pm


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