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Is what my landlord is threatening to do legal??? NC

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wellswor

Junior Member
What is the name of your state (only U.S. law)? North Carolina

I am the Master Tenant at the house I am currently renting. I sublease to three other people; our agreements are oral. The lease expired 2 months ago. Two days ago I told the Landlord I did not wish to sign another lease. One of the people I am subleasing to hasn't paid rent in two months, thus the Landlord is quite unhappy and has required me to clean the house and move everything out by July 1st. I have already tried to kick him out and may have to involve police. There is an outstanding balance of over $1000 she has demanded I personally pay her before June 29th. I do not have the money to pay for other peoples rent. Also ten days notice is impossible. I am not sure what to do at this point, however, I do know that I am liable for other peoples rent because I am subleasing. Although there is no clause stating I can do so in the lease, the landlord told me she wanted only one person on the lease (AKA she wants someone to do her job for her). The Landlord has known the roof leaks INSIDE the house for well over a year, her solution was to ask me to clean the gutters. Her son (who is a lawyer), said leaking in the house is "regular wear and tear", which is a blatant lie.
I am fed up with the situation and have a few questions.


There is a clause in the lease waiving a 10 day notice to quit, saying that upon tenant default, the landlord can immediately reenter and collect tenant belongings.
Is this legal?

The Lease states the rent cycle is the 5th of every month. Can the landlord actually take all of my stuff on July 1st?
In this situation, how well would pictures of the extremely water damaged moldy attic hold up in court?


Any advice on how to proceed would be much appreciated, as I may end up in court over this.
 


FarmerJ

Senior Member
You posted > In this situation, how well would pictures of the extremely water damaged moldy attic hold up in court?

Is there a reason you did not call your city / county building inspections desk and complain about the leaking roof ?
The Lease states the rent cycle is the 5th of every month. Can the landlord actually take all of my stuff on July 1st?
Your LL cannot self help evict you with out a legal risk / consequence to herself the LL must use the courts to do so but you would be a lot better off getting out before she files for eviction based on non payment this way if she still sued you it would not be a UD to re gain possession but just the money owed. You wrote >. I do not have the money to pay for other peoples rent. Also ten days notice is impossible. < then later you wrote> the landlord told me she wanted only one person on the lease (AKA she wants someone to do her job for her). < well you appear to have allowed this all to take place regarding getting people to sublet from you which as you now know has its own consequences I cant say for sure it will make any kind of difference here even if you did call inspections in regarding the roof.
 

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