Legal Question in Landlord & Tenant Law in North Carolina

Termination of Lease Contract

I am leasing a single-family residence, through a property management firm from a landlord on overseas assignment. I have been late twice in payment of the rent over seven months. Most recently the landlord began eviction proceedings despite already having all funds due (rent + fees) in hand. They agreed to waive the pending eviction proceeding if I agreed to vacate by the end of the following month. I agreed. They deposited both the back rent, which had been in their possession for several weeks as well as the rent for the upcoming month.

I don't want to move and have offerred to pay up to 8 months in advance. The property manager will not respond to email or phone requests for a response to my proposal to pay in advance. Do I have any recourse to vacating the premises given that I am now current in my rent?

Previous correspondence from the landlord indicated that they were planning to evict me but still force me to continue to pay the rent. However, despite notifying me in writing on July 1, 2005 that they expected me to be out by July 31, 2005, they have made no effort to re-lease the property.


Asked on 7/19/05, 5:24 pm

1 Answer from Attorneys
David Anderson Anderson Business Law LLC

Re: Termination of Lease Contract

I would need to see the lease, but essentially if you perform (*by payment) they cannot allege a breach (and evict you).

Was the agreement in writing?

Does the lease ban oral modifications?

Call or e=mail anytime.

I have 25 years experience as a landlord.

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Answered on 7/19/05, 6:21 pm


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