What to do if my landlord has reneged on an agreed upon lease?

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What to do if my landlord has reneged on an agreed upon lease?

I had a verbal agreement with my landlord allowing me to go month-to-month if one party did not want to renew the lease. She wants me to leave at the end of the lease term and is not abiding by the month-to-month agreement. When she was at the house the other day, she admitted that we did have this particular agreement and I was secretly recording this. I spelled out the agreement and she said, “Yes, it is what we talked about. But this has has been a very different experience”. I have followed the terms of the lease, paying rent on time and taking care of the property. What should I do when the lease is up? Will the recording hold up as proof our original agreement? Am I just trespassing or does she have to evict?

Asked on October 11, 2011 under Real Estate Law, North Carolina

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you signed a written lease agreement and later on the landlord tried to modify it through an oral agreement thta your lease would be a month-to-month if one party did not want to renew the lease but has now changed her agreement with you where you are not on a month-to-month lease, it appears that your exisiting agreement with the landlord is the original one and not the oral agreement.

The reason for my opinion is that there was nothing given by you for the month-to-month agreement discussion nor any change on your position.

Do you really want to rent from a landlord who refuses to honor what was told you? Sentiment is that if the landlord will change her position concerning an oral agreement with you on the month-to-month term she will change he agreeemnts with you on other matters which is not good. 

If I were you, I would start looking for another place to live.

Good luck.


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