Not oil related, but BITOG community shows knowledge on many sides of life, so hopefully someone can help with advice here.
I really would like to avoid the Civil court route if possible.
Here is the dilemma. I'm the tenant. NC laws apply.
- Made a contract to rent a place, made a First & Last month rent deposits, as well as a security deposit. Lived for the full length of the contract and kept making monthly payments including last month. So the initial pre-payment for the Last month was not used by the landlord.
- Before end of the contract above, I renewed for another year, also made payments for all 12 months.
- Before end of the 2nd contract - a 3rd one was started, with a $100 monthly increase. Kept making timely payments.
- Before end of 3rd contract, it was renewed for the 4th one. Then we finally bought a house. So now need to finish contract 3 months early. Per the contract - there is an early termination fee. I asked the Landlord if I can pay the early termination fee, and add $100 (to account for monthly rent increase) to the initially made (in 2019) "Last month" payment that was never used. His reply was that the "last month" payment isn't applicable since I'm not staying the full (4th) term. So I am still responsible for the full last month payment & early termination fee.
Is he correct? I found no supporting info to this. The contract doesn't outline this situation either. Any advice? Should I keep pushing for the pre-paid "Last month" payment to be applied, or just cut my loses? Not digging the idea of a court battle, since he did offer rent to us for almost 4 years, for much lower than the average rent rate locally... Not trying to be the a-hole, but don't want to be taken advantage of either. Welp.
I really would like to avoid the Civil court route if possible.
Here is the dilemma. I'm the tenant. NC laws apply.
- Made a contract to rent a place, made a First & Last month rent deposits, as well as a security deposit. Lived for the full length of the contract and kept making monthly payments including last month. So the initial pre-payment for the Last month was not used by the landlord.
- Before end of the contract above, I renewed for another year, also made payments for all 12 months.
- Before end of the 2nd contract - a 3rd one was started, with a $100 monthly increase. Kept making timely payments.
- Before end of 3rd contract, it was renewed for the 4th one. Then we finally bought a house. So now need to finish contract 3 months early. Per the contract - there is an early termination fee. I asked the Landlord if I can pay the early termination fee, and add $100 (to account for monthly rent increase) to the initially made (in 2019) "Last month" payment that was never used. His reply was that the "last month" payment isn't applicable since I'm not staying the full (4th) term. So I am still responsible for the full last month payment & early termination fee.
Is he correct? I found no supporting info to this. The contract doesn't outline this situation either. Any advice? Should I keep pushing for the pre-paid "Last month" payment to be applied, or just cut my loses? Not digging the idea of a court battle, since he did offer rent to us for almost 4 years, for much lower than the average rent rate locally... Not trying to be the a-hole, but don't want to be taken advantage of either. Welp.
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