Residential
Agreement To Lease
North Carolina
What are lease agreement laws for Greenville, NC.
I broke my lease and I was paying my rent until a new tenant was found. A new tenant was found and I was told to turn in the keys because they were moving in and so I didn't have to pay rent no more. I was told that the new tenant doesn't want to stay and I have to start back paying rent. Do I have to start back paying rent?
Answers from 1 Lawyer
Answer
Residential
North Carolina
Holly T.
ContractsCounsel verified
June 10, 2022
You must read your lease. Cross reference any lease breaking terms with anything the LL agreed to in writing. Depending on how much was left on your lease, also pull out the requirements for you to terminate the lease via notice near the end. If the new tenant was approved by them and signed a new lease you should be released. However if they merely allowed a new tenant subject to your lease or you sublet without permission, you may still be liable. You'd need to consult with an attorney to be sure but I'd sugggest asking the LL to explain how you're still liable to save time and money. They should be able to cite the agreement requiring you to continue payment.
People Also Asked
Real Estate
Agreement To Lease
Georgia
When it comes to subleasing an apartment or rental, do I need specific written permission from the owner, or as long as the lease agreement doesnt forbit it, am I okay to proceed?
I am in the process of potentially leasing a home in Savannah, GA for a period of 8 months. My goal is to sublease this home as an Airbnb and make a profit. The leasing agreement has no language forbidding subleasing the property, but it also doesnt have express written permission either. I'm just wondering if that means I can proceed with my plan.
Meghan T.
This is a topic I get asked about very frequently. In Georgia, the right to sublet residential property is based on the express (written) and implied (inferred) language of the lease. Generally, if subleasing is not mentioned, then there is no restriction on subletting. In any event, you may want to at least have a discussion with your Landlord concerning what you plan to do. This can avoid lots of headaches for you and your guests later down the line. If you are interested in more information concerning other legal considerations for BnBs and short term rentals, check out my blog article: https://www.treclaw.com/post/legaladvice4bnb
Read 1 attorney answer>Residential
Release Form
North Carolina
Is there an attorney out there who does the job with the evidence speak for the self
My apartment complex took me to court for rent old witch was not true I had evidence that was entered into the court but the grounds wasn’t laid down by my attorney stated by the substitute judge I’ve been evicted I’m homeless and I have witnesses as well and perjury from the opposing counsel I went to the magistrate I went to Districk and now I’m looking to file an appeal to appellate for damages to my person for money that was charged to me for services I never received I contacted Department of Justice and NAACP my lawyer told me well my previous counsel stated she doesn’t have time to handle appeal court because she also has a full-time job and she’s not competent enough because she never went past District Court . Breach of contract is what the apartment complex Sweetwater properties Cameron holding LLC has violated also the requirements under the whole program and not having their books up-to-date with payments from volunteers of America as well as money laundering tax withholding
Holly T.
I am not going to address anything except the appeal process. This is not a contract issue or transactional so I cannot comment further. Evictions are heard in small claims in front of a magistrate. They are heavily weighted in the favor of renters. Some counties such as Orange employ free attorneys devoted to deferring and defending evictions. An appeal from a small claims decision has specific time requirements and is to District court. Some District courts require arbitration for some matters. The Clerk of Court in the relevant county can advise on days left to appeal and whether there is an alternative dispute process required in this situation. If there is, the evidence requirements are not formal. A lay person can represent themselves.
Read 1 attorney answer>Residential
Residential Listing Agreement
California
Can a real estate agent terminate a residential listing agreement before the expiration date?
I recently entered into a residential listing agreement with a real estate agent to sell my property. However, I have become dissatisfied with the agent's lack of effort and poor communication. I have read through the listing agreement and cannot find any specific provisions regarding termination by either party before the agreed-upon expiration date. I want to know if the real estate agent has the authority to terminate the listing agreement before the expiration date, and if so, what are the potential consequences or obligations for both parties in such a situation?
Dolan W.
Hello! My name is Dolan and I’m one of the lawyers on this site. Generally, no, a real estate agent cannot unilaterally terminate a listing agreement before the expiration date unless the agreement specifically says that this is okay. The trouble is that you can’t outright cancel the agreement, either. With that said, if they are failing to act in good faith or perform substantially, its grounds to send them a notice that they have to either perform or else you may suspend your performance of the agreement or even sue for damages. Almost always, if they want to back out, and you should offer them a chance to do so. Get any mutual agreements for rescission in writing. If you need assistance with a review, please post a job, and we’ll be happy to help.
Read 1 attorney answer>Residential
Cancellation Of Lease
California
Can I cancel my lease agreement due to unforeseen circumstances?
I recently signed a lease agreement for an apartment, but due to the COVID-19 pandemic, I have lost my job and am now facing financial difficulties. I am struggling to pay rent and I am wondering if I have any legal grounds to cancel the lease agreement due to these unforeseen circumstances. I would like to know what options are available to me and if there are any potential consequences or penalties for breaking the lease.
Dolan W.
Hello! My name is Dolan and I'm so sorry you're dealing with this. So the downside here is that you're still bound to the lease. You're bound from the moment that you agree to rent the premises. This means that unless the landlord lets you out of it, you can't get out of it. There is a silver lining: 1. You could see if you can find a subtenant to rent it from you; 2. You can try to find someone to take over the lease agreement for you with the landlord's consent; 3. You could offer a settlement to the landlord, such as 1.5x the regular rent. 4. If you can't do either of those, then there is still some hope. Under the law, when a tenant breaks their lease there is an initial obligation or debt that is owed by the tenant to the landlord for any unpaid rent for the remainder of the lease. However, before the owner may make a claim for such damages, s/he has a duty to mitigate (lessen) damages by making a good faith effort to re-rent the unit as soon as possible to try to cover any potential loss resulting from the lease-breaking. In other words, before a landlord can recover in court for the remainder of the lease, the landlord must make all reasonable efforts to find a new tenant to replace the old one. Best of luck to you!
Read 1 attorney answer>Dispute
Building Lease
North Carolina
If you break a lease can a landlord add crazy charges without an agreement?
I signed a lease 9/11 and tried to break it 9/13. Landlord charged me 60 days and did not provide an early termination agreement
Donya G.
Is there an early termination in the original document that you signed? Typically, you can withdraw from an agreement with minimal fees but it all depends on what your contract states. If you contract does not have any early termination language, you will need a real estate attorney in your state to advise on the law of your state and how to handle. All the best Donya Gordon
Read 1 attorney answer>