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Text addendums to a lease

Discussion in 'Rental Agreements & Subleases' started by Big Snow, Oct 2, 2016.

  1. Big Snow

    Big Snow Law Topic Starter Guest

    Jurisdiction:
    North Carolina
    I am the property owner and had a signed lease that expired 4 months ago. Buy text communication we agreed to have the lease carry on as it was written previously but to have it changed to cancellation by either party with a 120 day notice. Multiple texts back and forth, very clear and understandable. Both parties agreed to the 120 day notice terms and by text was written in agreement. There were also phone conversations on this but put it in writing via text . Now, I have given a hundred and twenty days notice and the tenant came back and said she is leaving in 30 days and not paying any future rent. Not paying this month's rent using the security deposit for that. What can I do?
     
  2. army judge

    army judge Super Moderator

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    You can do the same thing you do for any tenant who breaches a lease covenant.

    You take her to court for breaching the terms of the lease.

    You sue for whatever money you can prove she owes you.

    Your problem will be convincing an judge that your "renewal by text" is sufficient under NC state law.

    I can tell you in my court in Texas, it wouldn't meet such a standard.
    I don't know what a NC judge might say.

    You might want to let her go, negotiate a fair price and be done with it.

    This next time, however, I suggest you memorialize any agreement with pen and paper, or ink from an inkjet printer.
     
    Michael Wechsler likes this.
  3. adjusterjack

    adjusterjack Super Moderator

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    Take a class on how to be a property manager.

    You've done a pretty PP job of it.
     
    Michael Wechsler likes this.
  4. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    More important than a printer and pen is a larger security deposit. Because if you don't have the money, all of this will likely be about a painful cost chasing someone to recoup it.
     
    army judge likes this.

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