Property management received 35 days notice prior to move in or lease effective date. Will I be able to get deposit back? PM indicated that I would have to pay until another tenant. Will I have to still pay the rent if I am not moving there and have already given a 35 day notice on a month to month contract? Please advise.
Don't get your hopes up but maybe not. NC landlord tenant statute requires only 7 days notice on a month to month tenancy. See 42-14:
GS_42-14.pdf (ncleg.net)
You've given him plenty of time to re-rent the unit if he applies reasonable diligence. NC case law requires that a landlord mitigate his loss by re-renting as soon as reasonably possible.
See Isbey v. Crews for an explanation:
Isbey v. Crews :: 1981 :: North Carolina Court of Appeals Decisions :: North Carolina Case Law :: North Carolina Law :: US Law :: Justia
If it takes him longer than 35 days and he keeps your deposit you can sue him but it would be up to you to prove that he failed to mitigate. Keep in mind that a possible defense for him is that factors in the local rental market prevented or delayed re-renting despite reasonable diligence.
You had another thread started that appears to have been deleted as a duplicate. That thread title indicates that your reason for not taking the unit was lack of appropriate internet service for working from home. Depending on what your contract says about internet service, you may have had good reason for not taking the place. Or not. Keep that possibility in mind as you move forward.
