I need to extend my lease a few weeks, so I will be getting a month to month lease. The company I am with says I will automatically go month to month once my lease ends. They also claim that all I need to do is give seven days notice before I move out and I will pay a prorated amount for the month. I asked for this in writing, but they claimed this is NC law.

What I don't understand is why you normally have to give 60 days notice when you are in a lease, but once you are month to month, you only have to give seven days notice. I always hear people bitching about forgetting to give them their notice in time, but if you only have to give seven days notice after your lease ends, then I don't see what the big deal is. Am I missing something?

3/26/2007 1:33:23 PM

Get it in writing that you only need 7 days notice. Most states have fairly standardized lease laws, and I'm confident that for a month-to-month lease, you need to provide written notice 30 days before you plan on leaving.

3/26/2007 2:01:00 PM

i believe the law is 30 days notice for either side.

3/26/2007 2:02:35 PM

She said this is stated on the form you fill out seven days before the lease is up, but that doesn't really do me any good if they change their policy. I'll keep making calls til someone agrees to give it to me in writing.

3/26/2007 2:07:00 PM

The law says that to terminate a month to month, it's 7 days notice, and to terminate a year, a month notice...but the law also says that basically any contract you sign supersedes it, which is why people can't simply get out of a year contract with a month's notice.
I'd look at your lease, make sure that is doesn't say specifically that if you don't move out on time then it means you're contracted for another year-- they'll do that sometimes.

Also, I was thinking of doing month to month, and they said it would mean I'd have to pay about 1/3 more than I was paying.

http://www.ncrec.state.nc.us/publications-bulletins/Renting.html#evict%20me%20for%20complaining

[Edited on March 26, 2007 at 2:22 PM. Reason : good link]

3/26/2007 2:21:04 PM

Yes, it is about 1/3 more for me as well, but I just need an extra 10 days, so well worth it to suck it up and pay a little extra. I couldn't find any mention about it in my lease, so I guess it goes by NC law.

[Edited on March 26, 2007 at 2:23 PM. Reason : excellent link, just what I wanted]

3/26/2007 2:23:14 PM

Depends on how well you know your landlord/lady ... and whether the complex needs business or not. I was able to do a month-to-month for the original stated price because I was nice and talked with her once a month when I dropped off the rent. Ended up saving about $400 one summer that way.

Anyways, get it in writing to make sure all is well.

3/26/2007 4:15:44 PM

I was able to negotiate my rent last year, but I tried to do it for month to month and they wouldn't budge. Like I said, its just 10 days so its not really worth a ton of effort just to save a few bucks.

3/26/2007 4:31:46 PM