North Carolina Lease Addendum - NC legal knowledge please!?
When we moved here to NC, the apartment was not what was agreed to based on the model we were shown. i.e., 25 yo appliances instead of brand new etc and dog urine all over the carpet with a stench. We learned about this the morning of move-in after driving cross country the two days prior and having a blizzard starting on move-in day. We visited the apartment complex 3 times prior to placing our deposit on a specific apt which we were told was exactly like the condition of the model and specifically confirming this apt was pet free and totally updated in the kitchen. The electricity was out 4 days and our movers iced out so we didn't actually sign the lease until 5 days after move- in by which time I was white hot due to stench and mismatched old appliances in "luxury apt" and learning that previous tenant had moved out only 3 days before instead of 3 weeks before as we had been promised plus paying for a hotel room due to no electricity. They had done us "a favor" by holding the apt 3 whole weeks they said at the time we reserved the apt. No one ever called us to tell us they needed more time to clean and update the apt although we had made it clear we were flexible on move-in dates. In return for our not seeking legal redress for misrepresentation, (we were cross country with a major van line wanting to unload and all our private mail directed to this apt), the manager agreed to many lease addendums including no rent for the rest of the move-in month. We also got another addendum that states that it is an amendment of the current lease and says specifically:
********"Landlord has agreed to change the resident's current lease from a six month to a three month lease at the same leasing price. Once the three month lease has expired, the resident will have the option to continue with a month to month lease, ALSO AT THE SAME LEASING PRICE. Landlord has also agreed to waive the 30 day notice requirement and accept immediate notice for this address in the event that a home is purchased."********
We have been paying the original lease amount and have not found a house yet but got a letter on the door stating that we have to sign a new lease or they will raise the rent $200 each month. I asked this question previously and was told month to month means month to month period. So is this entire paragraph signed by the manager and part of the lease worthless and offered in bad faith? They honored the other addendums like replacing the carpet - what does North Carolina law say about this particular situation? They have offered us less rent for a 12 mo lease but we don't want a new lease, we want our addendum honored until we buy a house. Many thanks to previous answerers.
Comments
You may want to consult with an attorney. You addendum should be good but I don't think you can hold them to a month to month at the same rate forever. The apartment complex probably has an out. They may only have to give you a 30 day notice that the rent will be increased, since it's now a month to month lease.
A lot depends on just how long you have actually been living in that apartment ... 3 months ... a year?
All the states are exactly the same on this issue. A contract is a contract. If your agreement is that you have the option of continuing on a month-to-month at the same leasing price, then that's what it is. But, you need to read the ENTIRE contract to determine what the exact terms are. I can't believe that the landlord would agree to rent to you month-to-month indefinitely at a fixed monthly rent.
If you believe you are in the right, then tell the landlord that you disagree with his interpretation of the agreement, and tell him to do what he's gotta do, e.g. sue you in court and convince the judge that the contract language allows a $200 rent increase.
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