Canmy landlordterminate my lease and give me 1 month to move out?

Get Legal Help Today

 Secured with SHA-256 Encryption

Canmy landlordterminate my lease and give me 1 month to move out?

I rent an apartment with my family. Today I got a notice of lease termination. The letter says that they are giving us 1 month to move out. When Iwent to the office to ask what is the reason, the manager informed me that they don’t have to have a reason, and they don’t have one. I asked my neighbors and no one has gotten a letter like that, so our family is the only one. I don’t even know if I will be able to find another place in 1 month, and don’t know what kind of reference they’re going to give if I will try to rent another apartment. I don’t know my legal rights.

Asked on October 4, 2010 under Real Estate Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you have a written lease, then during the lease term, it can only be terminated if you breach your obligations in some way, such as by not paying rent, paying rent late, or violating rules of the home/building (e.g. having a pet, if it's no pets allowed)--or for certain limited other reasons involving bad acts, like reckless or deliberate destruction of the landlord's property.

Otherwise, with a written lease, it can only be terminated when it naturally ends; e.g. the landlord does not need to renew it, unless there's a renewal clause in the lease; or he can increase the rent as much as he likes, etc.

If you don't have a written lease, you a month-to-month tenant. That means  that either your or the landlord can give the other party one month's notice to terminate the tenancy, for any reason or no reason at all--with one exception: most landlord's can't discriminate against certain protected groups, e.g. racial minorites, in terms of housing. (There is less protection if you're renting one unit or floor in a small, owner-occupied home.)


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption