Hello Help & Advice. Long time lurker, first time poster. (a LTLFTP!)
(for reference to any local/state laws that might cover this, I am in Raleigh, North Carolina)
So I have a one bedroom apartment that I leased for 10 months. The lease end date is coming up on July 21st, 2015 (49 days from today, June 2nd, 2015). I would rather not keep living here and was planning on moving out, and thought I had to give 30 days notice of moving out. I had been looking for new places to rent and was planning on giving my notice at the 30 day mark if I found something better.
Today I received an email about my lease renewal options. The shortest lease renewal option is 3 months and is $162 more than more than my existing rent. There is a month to month option where they charge me a $300 a month "month to month" fee on top of my existing rent. This is when I realize the notice I was supposed to give was actually 60 days and not 30 days.
However, upon reviewing my lease agreement, I see this section:
2. LEASE TERM, RENT, AND DISCOUNTS
A. Term of Agreement: The initial rental term ("initial rental term") of this Agreement shall begin and end on the dates set forth in Paragraph 1(B). At the end of the initial rental term, this Agreement shall be automatically renewed on a month-to-month basis under the same terms and conditions unless ONE of the following events occurs:
(1) You or We provide the other with a written notice of termination at least 60 days prior to the end of the initial rental term or at least 30 days prior to the end of any month-to-month term, OR
(2) We provide You with a written notice at least 60 days prior to the end of the initial rental term that any renewal term will be at a different stated monthly rent and/or with different stated terms and conditions ("new monthly terms") AND if within ten (10) days after receipt of Our notice. You provide Us with a written notice of termination effective at the end of the initial rental term. However, if you Fail to provide Us with written notice of termination within the aforementioned ten (10) day period, the term of this Agreement shall be renewed automatically on a month-to-month basis at the new monthly terms.
So specifically I noticed that this seems to say that the landlord was supposed to send me information about the new lease rates at least 60 days before my lease was supposed to end. (they sent it 49 days before) And if they didn't, that I should be allowed to continue renting at the same rate I was paying before, at least until the month after that rolls around? And in the meantime I could submit my vacating notice 30 days before the final moveout date since I would then be on a month to month rent, just at the same rate as before?
If anyone would like me to post more sections from the lease I can do that, or upload the whole thing after redacting personal information.
TL;DR: Supposed to give 60 day notice that I won't renew apartment lease. Landlord didn't send me new lease terms until 49 days before lease was supposed to end. Lease seems to say I can keep renting at current monthly rate if this happens??? Is my interpretation correct?