Renting without a lease in NC, what can happen?

Question

I rent a home in NC and I pay $300 a month for rent. There is no written agreement at all only verbal. I recently came into a little money and I briefly spoke to my landlord about paying 6 months rent in advance but stated I did not know if I should and I would talk to my wife about it.

The landlord is now threating to kick us out because we simply wish to pay monthly instead of a lump sum.

From what I gathered from http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/ByChapter/Chapter_42.html

I cant be kicked out unless I do something bad, don't pay, or the landlord sells the home!

In your personal opinion what should we do and what could potential happen?

Answer 1

Without a lease, you are a month to month tenant. In other words, every time that you pay the rent and the landlord accepts it, you have made a verbal lease for one month. You or the landlord can terminate this agreement at any time with thirty days notice. On July 1st, he can tell you to be out by Aug 1st. You can do the same. He is under no obligation to extend your tenancy beyond thirty days past his notice. That applies in virtually every jurisdiction in the country.

EDIT: Sorry, I didn't read the link, so in your case, it's seven days, not thirty as in most places. He doesn't need any reason at all to tell you to leave.

P.S. Never tell anyone your business, especially about money.

Answer 2

You forgot or avoided reading Sec. 42-14, which states:

A tenancy from year to year may be terminated by a notice to quit given one month or more before the end of the current year of the tenancy; a tenancy from month to month by a like notice of seven days; a tenancy from week to week, of two days. Provided, however, where the tenancy involves only the rental of a space for a manufactured home as defined in G.S. 143‑143.9(6), a notice to quit must be given at least 60 days before the end of the current rental period, regardless of the term of the tenancy.

According to that language, on a month-to-month tenancy, he can remove you after a seven day notice. He needs to reason to terminate the tenancy, other than he WANTS to.

Always remember that, in most landlord/tenant scenarios, the landlord is in the driver's seat.

Answer 3

Don't know about NC, but without a written agreement, your landlord can institute eviction proceedings at any time. The eviction process will probably take 90 days. He'll have to serve you with eviction notice via the Sheriff first, though.

Answer 4

consult with the workplace. in case you signed a hire, then there are going to be repercussions of breaking that hire, yet they might no longer be sufficiently huge to deter you from leaving this variety of crummy difficulty. in simple terms in simple terms remember to can get the different place before you injury your contemporary hire.

Answer 5

Try this link
LANDLORD TENANT ACT: brochure= http://www.ncrec.state.nc.us/publications-bulletins/Renting.html
Good luck