What are my rights, can landlord evict us immediately?

[nissandave]

What is the name of your state?NC

Wife and I started renting a house in 5/03. We signed a 1 year lease with landlord. It was a California lease, and we are in NC, if that makes any difference. Anyway, we had told landlord that we wanted to buy house from her on several occasions. We tried to back in 7/04, but she could not sell because she found out that she had to get a court order to sell because her husband died without a will, so house belongs to landlord and their surviving child. So we decided to wait till tax refund comes in in 2005. Well we got it and now we have decided NOT to buy this house. There are no written contractural agreements between us, just a few emails and verbal communicaiton. Anyway, when our initial lease expired, landlord never sent us another lease contract, although she said she would eventually get to it. So my question is if I go ahead and tell landlord we are not buying and that we have already been approved for another house, can she come over here and evict us immediately since there are no contractural lease agreements between us? The initial lease agreement is not one that automatically renewed each month.

 

[treese]

If the lease agreement did not automatically renew, you are a month to month tenant. With month to month tenancies a minimum 30 day notice (60 in some States, based on how long you have lived there) is required. Your LL can only terminate your tenancy, only a court can order an eviction.

 

[nissandave]

Thanks for the reply. I read the lease agreement and it specifically states that this is a "Fixed Term Lease". Does this change anything?

 

[treese]

If the fixed term has expired and was never renewed ... then, no, you are a month to month tenant at will.