ContractsIntermediateNorth Carolina Exam

Under NC's Residential Rental Agreements Act, a residential lease for more than 1 year that is NOT in writing is:

AVoid
BConverted to a year-to-year tenancy by operation of law, under typical circumstances
CUnenforceable — North Carolina requires leases exceeding one year to be in writingCorrect
DBinding for up to 3 years

Why Unenforceable — North Carolina requires leases exceeding one year to be in writing Is Correct

Answer C: Unenforceable — North Carolina requires leases exceeding one year to be in writing

NC's Statute of Frauds requires leases for more than 1 year (or 3 years in some interpretations) to be in writing to be enforceable. An oral lease for a period exceeding the applicable limit may be treated as a year-to-year or month-to-month tenancy.

Exam Tip: Contracts

Contract questions frequently test the essential elements required for a valid contract. Remember: competent parties, mutual consent, lawful object, and sufficient consideration. Watch for void vs. voidable distinctions.

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