Can my old landlord charge me for 2 months rent after I moved out without having a lease agreement?

UPDATED: Jul 5, 2012

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Can my old landlord charge me for 2 months rent after I moved out without having a lease agreement?

I moved out 2 months ago. I did not have a written lease agreement with the landlord. She cashed my old rent checks for supposedly breaking a lease agreement. I have resided in my new residence for the past 2 months.

Asked on July 5, 2012 under Real Estate Law, North Carolina


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you had no lease agreement then you would have been considered a month t month tenant.  Being a month to month tenant you would have to have given 30 days notice that yo were going to leave.  Did you do that?  Obviously it was apparent that you had left but prior notice is important.  The part of your question that deals with the rent checks puzzles me.  Why did she have rent checks for the months you were not there? She may have been entitled to one month but not two.  Seek help.  Good luck.

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