Legal Question in Landlord & Tenant Law in North Carolina

we are being asked to move out of our current apartment because the lady downstairs keeps complaining about our dogs even though it states in our lease that dogs are allowed. we have only been here for about 7 months which means we have to break our lease. we are being required to pay a 60 day notice fee of $320.00 plus the rent for the next 5 months until our lease is up. Is that legal even if we are not living there? How long do they have to re-rent the apartment once we vacate?


Asked on 1/15/13, 5:42 pm

1 Answer from Attorneys
Kenneth Love Ken Love Law

If you are being asked to leave by the landlord, you are not liable for the rest of the rent...you did not breach the lease by leaving early. The LL is not entitled to a fee for a lack of a 60 day notice nor rent for after you leave if he is asking you to leave.

You may want to have a conversation with him to see what the complaints are and what you can do to solve them. If not, then move comfortably as this situation will probably just get worse over time.

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Answered on 1/15/13, 5:46 pm


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