10 day notice...no final warning, no police reports

[lal016]

Jurisdiction

North Carolina

Hello! My roommates and I just moved into our new apartment almost 2.5wks ago. Since we've moved in we've had 2 noise complaints left on our door. We received our first complaint because of music being played; what our office said were during quiet hours which after we no longer played music to that volume or at that time. The 2nd was because of my nephew who is 2, complaint saying they heard screaming and stomping which was during the day, and was simply a 2 year old being a 2 year old. Which was not nearly to an extreme they told us. After the 2nd complaint we had a small gathering for my birthday where we played board games and listened to music from a laptop all of which was contained. The next day we received a 10 day notice telling us our lease was being terminated due to consistent noise violations. We never received a final complaint or warning. Police were never called, no disturbing the peace was ever filled. We sacrificed so much to have a roof over our heads to have it all threatened over what seems to be hearsay. They are saying if we do not vacate the property they will file for an eviction. Do they have legal standing to terminate our lease? Are we not allotted a final warning or 30 day notice? Do we have any legal standing to continue our lease? What should we do...

 

[mightymoose]

Yes they can end your lease, especially if the noise issue is addressed in your lease agreement.
No notice is required if you have violated the terms of the lease. The 10 day notice is actually improper here as it is regarding failure to pay rent.
It appears you have quickly worn out your welcome. Either make nice with your landlord and your neighbors or prepare to move.
You don't have to be out in 10 days, but if the landlord wants you out you had better start making plans before action is taken to force you out. If that happens it could be hard to find another rental.

 

[adjusterjack]

We never received a final complaint or warning.

Not required by law.

Police were never called, no disturbing the peace was ever filled.

Not required by law.

They are saying if we do not vacate the property they will file for an eviction.

They do have that option.

Do they have legal standing to terminate our lease?

I'm guessing that there are behavioral rules including in your lease. So, yes, they do have standing to terminate.

Are we not allotted a final warning or 30 day notice?

No.

The ten day notice is typically for non-payment of rent, but no notice is required for an eviction for non-compliance with the lease. They could have filed for eviction without the 10 day notice.

What should we do...

Well, you could try talking to management to see what it would take to get the notice rescinded or give you more time. Or you could just find another place to live where the neighbors aren't so sensitive about your noise.

 

[Highwayman]

We sacrificed so much to have a roof over our heads to have it all threatened over what seems to be hearsay.

So you previously lived out on the street?

If you sacrificed so much I would suggest sacrificing a little more by investing in a good pair of stereo headphones when you move into your next apartment.

 

[lal016]

So you previously lived out on the street?

If you sacrificed so much I would suggest sacrificing a little more by investing in a good pair of stereo headphones when you move into your next apartment.

very helpful comment sah