Legal Question in Landlord & Tenant Law in North Carolina

My roommate promised to give me 30 days notice prior to moving out. He didn't. I have been unable to rent his room. I thought 30 day notice was state law. Now find in a month to month, the state law In North Carolina is 10 day notice. 30 days was explicit in the add he answered, the other roommates can attest to the truth of my telling him. That was the whole point of getting a deposit, so people wouldn't move out in the middle on the night. Can I keep his deposit, or at least a portion until I find a new roommate?

Asked on 3/28/19, 6:58 pm

1 Answer from Attorneys

Kenneth Love Ken Love Law

Unfortunately both answers are inaccurate.

See NCGS 42-14

If you have a written lease then the lease controls. If you dont, then a month to month lease requires 7 days notice not 10. If you dont have written leases, you should have one if you plan to keep security deposits

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Answered on 3/28/19, 7:15 pm

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