Legal Question in Landlord & Tenant Law in North Carolina

Read your lease. The landlord generally has the right to know who is on the property or occupying the premises, but if there is nothing there about leaving and your brother intends to pay the full rent, then you do not have to tell the landlord. However, whether you tell the landlord or not, either side must give the other 30 days' notice. If the landlord wanted you and/or your brother out for any reason, all he has to do is give the notice. If he wants your brother to sign a new lease, tell him no and instead offer for 6 months but the rent might be more expensive for a short term lease. If the landlord will not agree, then your brother will just have to plan to be out if and when served with a notice to quit. Your brother can buy some time buy making the landlord sue to evict him, but in that case he would be liable for court costs.

Before the apartment is vacated, clean the apartment (make it Girl Scout clean, meaning better than you found it). Fix any nail holes in the walls or other damage. Take pictures without the landlord being there. Schedule a move-ouyt inspection within 3 days of your brother leaving the apartment. Get a copy of any move-out inspection sheet and if the landlord does not have one, make your own and allow the landlord to use it, but keep a copy for you and get it signed by you and the landord. Give the keys to the landlord and give him or her your forwarding address, If you do all these things you will eliminate any problems later regarding your security deposit. And no, the security deposit is not to be used in lieu of your last months' rent. It is there as security for damages. If the landlord does not return it to you within 30 days after you leave, you can sue him for it. See � 42‑52 which says:

Landlord's obligations.

Upon termination of the tenancy, money held by the landlord as security may be applied as permitted in G.S. 42‑51 or, if not so applied, shall be refunded to the tenant. In either case the landlord in writing shall itemize any damage and mail or deliver same to the tenant, together with the balance of the security deposit, no later than 30 days after termination of the tenancy and delivery of possession of the premises to the landlord. If the extent of the landlord's claim against the security deposit cannot be determined within 30 days, the landlord shall provide the tenant with an interim accounting no later than 30 days after termination of the tenancy and delivery of possession of the premises to the landlord and shall provide a final accounting within 60 days after termination of the tenancy and delivery of possession of the premises to the landlord. If the tenant's address is unknown the landlord shall apply the deposit as permitted in G.S. 42‑51 after a period of 30 days and the landlord shall hold the balance of the deposit for collection by the tenant for at least six months. The landlord may not withhold as damages part of the security deposit for conditions that are due to normal wear and tear nor may the landlord retain an amount from the security deposit which exceeds his actual damages.