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How can I break my apartment lease and not be penalized

Raleigh, NC |

tenant above me has a child that constantly runs and stops through out the course of a day.. The stomping and falling out on the floor aggravates my medical condition( migraines dn PTSD). Corporate says I have to give a 60 day notice and then pay a 1 month termination fee... Please help

Attorney Answers 1

Posted

Dear how do I break a lease?

I am an attorney licensed in New York. I do not practice law in North Carolina.

Usually, unless a lease provides a right reserved for the tenant to cancel the lease earlier than the end of the stated lease term, there is no right to break a lease. If by "corporate" you mean the landlord or the property manager, verify if the terms offered to you to cancel the lease are in fact contained in the lease. If the lease has no provision for early cancellation, then the offer to you to be released from the lease may be considered generous.

You may complain to the landlord about conditions in the home that impact on habitability, or may cause a constructive eviction if not corrected by the landlord. You notify the landlord in the manner provided for in the lease.

Read more about your rights as a tenant in North Carolina at:

http://www.legalaidnc.org/public/learn/publications/brochures/BROCHURE_Landlord-TenantLaw_LANC-Greensboro.pdf

http://www.ncdoj.com/files/consumer/landlord-tenant-booklet.aspx

http://www.ncsu.edu/stud_affairs/legal_services/legaldocs/LandlordTenantHandout.htm

Good luck.

The answer provided to you is in the nature of general information. The general proposition being that you should try to avoid a bad outcome if you can.

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Kenneth Love Jr.

Kenneth Love Jr.

Posted

Although Mr. Smollens said he is a NY attorney, his advice was 100% correct.

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