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  1. #1
    jeannemariahunt is offline Junior Member
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    Can I break my lease legally?

    I live in NC. I have a two year lease. Our home was broken into a couple of months ago and just last week, someone stole things off our front porch from fed ex. Can I break this lease to get out of here? I'm still new to the city so I didn't realize the neighborhood when I got here. Does anyone know what I can do?
  2. #2
    Zigner is offline Senior Member
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    Of course you can break the lease legally. And, due to you breaking the lease, your (soon-to-be) former landlord can charge you anything that is allowed by law and by your lease agreement.
  3. #3
    jeannemariahunt is offline Junior Member
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    He has a homemade lease and doesn't mention it.
  4. #4
    Zigner is offline Senior Member
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    Ok - sorry for being so "round-about".
    The items you mentioned are not, generally, enough reason to break a lease.
  5. #5
    glennair is offline Member
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    What is homemade lease. Doesn't mention it ? to who?
  6. #6
    jeannemariahunt is offline Junior Member
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    I mean it's not a formal attorney-type lease. He made it himself and it doesn't mention a fee if the lease is broken.
  7. #7
    justalayman is offline Senior Member
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    a "home made" lease does not mean it is not binding. If it conforms to whatever your state requires to be a lease, it is just as legal as one written by a lawyer.

    If you break your lease, you can be held for the full payment of the lease (the rent for the rest of its term) as long as the LL follows the requirements of the law in re-renting and such.
  8. #8
    ncpropmgr is offline Member
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    Actually a LL in North Carolina is prohibited to discussing a lease break in the contract. The contract after all is a contract for a predetermined amount of time (dates or MTM). Ask your LL about breaking the lease...some of us out there are reasonable and will give you options! Good luck...

    Future: check out crime statistics or buy a shotgun!
  9. #9
    ecmst12 is offline Senior Member
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    Owning a gun will not prevent your house from getting broken into when you are not there, or prevent someone from taking items from OUTSIDE your house. Getting renters insurance is a much surer way to protect oneself.
  10. #10
    jeannemariahunt is offline Junior Member
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    The LL said give me $3000 and you can get out of it, which is really not fair. Who said anything about a gun. We don't own and don't intend on owning a gun. We have two small children. On Findlaw.com it states that it can be broken because of the safety issues if the LL does not try to make it safer.
  11. #11
    jeannemariahunt is offline Junior Member
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    Quote Originally Posted by justalayman View Post
    a "home made" lease does not mean it is not binding. If it conforms to whatever your state requires to be a lease, it is just as legal as one written by a lawyer.

    If you break your lease, you can be held for the full payment of the lease (the rent for the rest of its term) as long as the LL follows the requirements of the law in re-renting and such.
    I read for my state that I would only be required to pay three months worth.
  12. #12
    Confuzed80 is offline Junior Member
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    If he seems like a good guy then just talk to him. Tell him ur thinking about lookin for a new PLACE THAT IS FOR EXAMPLE CLOSER TO UR JOB OR BIGGER. I wouldnt say cuz u think his property is in a bad part of town. Ask him if u could break ur lease and ask if u stayed until he found sum1 new or gave him sum of ur deposit would he let u out of it. He probably will let u, especially if u try and offer him somthin so he knows ur not being shady.... good luck
  13. #13
    justalayman is offline Senior Member
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    this is not official but it is easy to read:

    from:[url]http://www.rentlaw.com/northcarolinatenant.htm[/url]

    Abandonment of Lease: The lease is a contract between the landlord and the tenant. The tenant can get out of the lease only if the lease itself allows the tenant to do so and the tenant follows the procedures laid out in the lease. For example, the lease may permit the tenant to move out simply by giving notice thirty days in advance. But there is no law that allows tenants to abandon any lease just by giving a notice thirty days in advance. If the tenant abandons the premises prior to the expiration of the lease, the tenant will still have to pay rent every month until the landlord rents the premises to another tenant or the lease expires.
    this is the only official situation that would allow early terminaition, other than a military situation:

    42‑45.1. Early termination of rental agreement by victims of domestic violence, sexual assault, or stalking.

    (a) Any protected tenant may terminate his or her rental agreement for a dwelling unit by providing the landlord with a written notice of termination to be effective on a date stated in the notice that is at least 30 days after the landlord's receipt of the notice. The notice to the landlord shall be accompanied by either: (i) a copy of a valid order of protection issued by a court pursuant to Chapter 50B or 50C of the General Statutes, other than an ex parte order, (ii) a criminal order that restrains a person from contact with a protected tenant, or (iii) a valid Address Confidentiality Program card issued pursuant to G.S. 15C‑4 to the victim or a minor member of the tenant's household. A victim of domestic violence or sexual assault must submit a copy of a safety plan with the notice to terminate. The safety plan, dated during the term of the tenancy to be terminated, must be provided by a domestic violence or sexual assault program which substantially complies with the requirements set forth in G.S. 50B‑9 and must recommend relocation of the protected tenant.

    (b) Upon termination of a rental agreement under this section, the tenant who is released from the rental agreement pursuant to subsection (a) of this section is liable for the rent due under the rental agreement prorated to the effective date of the termination and payable at the time that would have been required by the terms of the rental agreement. The tenant is not liable for any other rent or fees due only to the early termination of the tenancy. If, pursuant to this section, a tenant terminates the rental agreement 14 days or more before occupancy, the tenant is not subject to any damages or penalties.

    (c) Notwithstanding the release of a protected tenant from a rental agreement under subsection (a) of this section, or the exclusion of a perpetrator of domestic violence, sexual assault, or stalking by court order, if there are any remaining tenants residing in the dwelling unit, the tenancy shall continue for those tenants. The perpetrator who has been excluded from the dwelling unit under court order remains liable under the lease with any other tenant of the dwelling unit for rent or damages to the dwelling unit.

    (d) The provisions of this section may not be waived or modified by agreement of the parties. (2005‑423, s. 7.)
    this section, although not intended to address the breaking of the lease, soes state that the deposit can be retain if the lease is breached and it can be used for the purposes of expenses incured when a lease breached.

    42‑51. Permitted uses of the deposit.

    Security deposits for residential dwelling units shall be permitted only for the tenant's possible nonpayment of rent and costs for water or sewer services provided pursuant to G.S. 62‑110(g), damage to the premises, nonfulfillment of rental period, any unpaid bills that become a lien against the demised property due to the tenant's occupancy, costs of re‑renting the premises after breach by the tenant, costs of removal and storage of tenant's property after a summary ejectment proceeding or court costs in connection with terminating a tenancy. The security deposit shall not exceed an amount equal to two weeks' rent if a tenancy is week to week, one and one‑half months' rent if a tenancy is month to month, and two months' rent for terms greater than month to month. These deposits must be fully accounted for by the landlord as set forth in G.S. 42‑52. (1977, c. 914, s. 1; 1983, c. 672, s. 3; 2001‑502, s. 5; 2004‑143, s. 6.)
    So, by all of that, I would have to say somebody was wrong when they told you you could break the lease (and not sustain injury (financial))unless there is an actual injury to you due to the neighborhood (and even that is limited).

    I would suggest the issue findlaw was speaking of is the LL is required to make the building as safe as reasonable but he is not going to be required to make the neighborhood safe. It refers to locks on doors and if a specific situation is know to him AND it is within his control, he is required to do what he can to make things safe.

    General neighborhood quality is not within his control.

    ncprogramr:

    Actually a LL in North Carolina is prohibited to discussing a lease break in the contract. The contract after all is a contract for a predetermined amount of time (dates or MTM). Ask your LL about breaking the lease...some of us out there are reasonable and will give you options! Good luck...
    I saw nothing in the lease that would restrict the discussion of the situation of breaking a lease in the statutes of North Carolina. Care to provide support for your statement?
    Last edited by justalayman; 04-18-2008 at 04:46 PM.

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