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[hillocke]

I have looked through my lease and it states, "You or We rovide the other with a written notice of termination at least 120 days prior to the end of the initial rental term or at least 30 days proir or the end of any month to month term." I pay my rent month to month so I assume that I would be able to give a 30 day notice. I just want to make sure its within my rights. I have talked to a relator and she said NC Law states that only a 30 day notice has to be given, I also looked at the lease's site online and it says 30 days notice. I just want to be absoultely sure it is within my rights before I go to the office and provide one. They wanted me to do a subleaser at first, but 1. I cannot find one right now and 2. I dont want to be responsible for someone else's actions that i do not know. I have to be out because of some family problems back at home. (This is a student housing apartment).

Thanks for your time

[ahanu]

If you signed a lease you can only move out when that lease is expired without incurring extra fees. If it is 120 days (three months) from the expiration of your lease you can give notice that you will be leaving in three months.
If you do not have a lease then it is assumed that you are a month to month tenant and can give 30 days notice.
If you have a lease and decide you are giving only 30 days notice you can be held responsible for paying off the remainder of the cost of the lease.

[leonie36]

In your additional details, you stated you signed another 1-year lease which means you are not month-to-month. Paying rent each month, and being month-to-month are two different things. Being a month-to-month renter means you do not have set lease, but one that renews each month. By your having a lease that states 120-day notice is required, there is a good chance that you are bound by those terms. However, you did state the NC law only requires 30 days, but for most states that is only if not specifically outlined in the lease agreement. You should try to get clarification if the 120-day provision in your lease is binding. If so, you cannot simply give 30-day notice.

Also, your lease is paid in full through July, but what is the ending date of the new lease you signed in December? You are still on the hook until then if it goes past July and the landlord has the right to demand payment for those months unless he/she finds someone to replace you.