Legal Question in Credit and Debt Law in North Carolina

i was forced into retirement and my wife lost her job when her boss mishandled 2 million dollars. we rent a home for $1.100 monthly. the house sells right now for $202,000. the surrounding homes list for 198,000. our rental agreement ends in august 2011. landlord has threatened to raise the rent and/or raise the cost of the house. we have never been late paying the rent each month. my wife and i have not worked in the last two yearsand we cannot afford the moving expenses. what can we do?


Asked on 6/18/11, 2:29 pm

1 Answer from Attorneys

Your lease ends and the landlord is allowed to raise the rent. You are going to have to find a cheaper place and move.

Why do you tell me the information about value of the property? The landlord can charge whatever he wants for rent. It is not tied to market value but what the market will bear in terms of rental value.

Is your landlord trying to sell the home? Would it be better for him to have a tenant? Maybe what you should do is be a holdover tenant and not sign a new lease. Is there anything in your existing lease which addresses holding over? Is the landlord allowed to raise the rent?

I would start saving up now and look for a place. I don't know what kind of furniture you have, but a rental moving truck and a couple of day laborers to move the heavy stuff should not cost all that much. If you have to, see if you can make a deal with the landlord and not pay the last month's rent or let him keep the security deposit or only half the rent and pay him the rest back once you get a cheaper place.

If not, your landlord is going to raise the rent and if you don't pay, he can evict you or have the sheriff put you out after he gets an award of possession. So you can hold the rent and get out to buy some time, but it would be much better and cheaper if you could negotiate all of this and get a written agreement with your landlord.

Regardless of how you leave, once you get all your stuff out, clean the property - make it girl scout clean (better than you found it). Patch any nail holes in the walls, get the carpets cleaned. I don't care what your lease says - you should do it. Then take pictures of the empty place which will detail the condition in which you left the house. If you don't and your landlord finds damage he is going to hold you liable so take the time anddo what I am suggesting to protect yourself.

Within 1 week after you have moved out and cleaned the home, schedule a moveout inspection with the landlord. Don't take no for an answer. Complete a move-out inspection sheet. Get one at www.ilrg.com or make up your own so you will be prepared if your landlord does not have one. Note everything on the sheet and make sure that you get a copy of it. Turn in your keys to the landlord after the moveout inspection.

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Answered on 6/18/11, 6:57 pm


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