What are my options for terminating a lease due to health concerns?
Full Question:
I am currently in a one year lease agreement and due to sudden health problems I have not been able to pursue the job position anymore that will allow me to be able to pay my current rent. My finances are in a place that I can't afford the rent anymore. I need to get out of the lease and don't know where I stand in terms of legal action that can be taken if I leave my current lease. What are my options for getting out of the lease, if any?
06/03/2007 |
Category: Landlord Ten... ยป Lease Termin... |
State: North Carolina |
#6136
Answer:
You need to carefully read the terms of your lease agreement regarding termination of the lease.
The relevant North Carolina statutes are as follows:
§ 42-3. Term forfeited for nonpayment of rent.
In all verbal or written leases of real property of any kind in which
is fixed a definite time for the payment of the rent reserved therein,
there shall be implied a forfeiture of the term upon failure to pay the
rent within 10 days after a demand is made by the lessor or his agent on
said lessee for all past-due rent, and the lessor may forthwith enter and
dispossess the tenant without having declared such forfeiture or reserved
the right of reentry in the lease.
§ 42-14. Notice to quit in certain tenancies.
A tenancy from year to year may be terminated by a notice to quit given
one month or more before the end of the current year of the tenancy; a
tenancy from month to month by a like notice of seven days; a tenancy
from week to week, of two days. Provided, however, where the tenancy
involves only the rental of a space for a manufactured home as defined in
G.S. 143-143.9(6), a notice to quit must be given at least 60 days before
the end of the current rental period, regardless of the term of the
tenancy.