Full question:
I am currently in a one year lease agreement and due to sudden health problems I have not been able to pursue the job position anymore that will allow me to be able to pay my current rent. My finances are in a place that I can't afford the rent anymore. I need to get out of the lease and don't know where I stand in terms of legal action that can be taken if I leave my current lease. What are my options for getting out of the lease, if any?
- Category: Landlord Tenant
- Subcategory: Lease Termination
- Date:
- State: North Carolina
Answer:
You need to carefully read the terms of your lease agreement regarding termination of the lease.
The relevant North Carolina statutes are as follows:
§ 42-3. Term forfeited for nonpayment of rent.
In all verbal or written leases of real property of any kind in which
is fixed a definite time for the payment of the rent reserved therein,
there shall be implied a forfeiture of the term upon failure to pay the
rent within 10 days after a demand is made by the lessor or his agent on
said lessee for all past-due rent, and the lessor may forthwith enter and
dispossess the tenant without having declared such forfeiture or reserved
the right of reentry in the lease.
§ 42-14. Notice to quit in certain tenancies.
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.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
