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Commonly Asked Questions about North Carolina Lease Termination

This lease agreement has no fixed end date and will automatically renew each month when rent is paid. In North Carolina, either party can end a month-to-month lease by providing seven days written notice.
The Residential Rental Agreements Act is set out in G.S. Chapter 42, Sections 38 to 44. This law, which was passed in 1977, re-wrote the common law to provide that landlords must maintain residential rental premises to be fit to live in, and to make clear that a tenants right to such housing cannot be waived.
Breaking A Lease Early Tenants, technically, can break a lease in North Carolina for any reason. However, not following the terms specified in the lease can cause them to pay a few penalty fees.
For month-to-month leases, there must be seven days of notice. For year-to-year leases or those with other definite terms, landlords must notify the tenant, or vice versa, within a month of the end of the lease. On leases lasting between one week and one month, notice must be given at least two days in advance.
How to Evict Step 1 Send an Eviction Notice to Tenant. Month to Month. Non-Payment of Rent. Step 2 Wait to Hear from the Tenant. Step 3 File in Court. Step 4 Serve the Tenant. Step 5 Appear in Court. Judgment for Possession. Common Tenant Defenses. Step 6 File for a Writ of Restitution. Step 7 Repossess the Property.
Any party can terminate it as long as they have provided the other party with proper notice. In North Carolina, youll need to provide your tenant with a Notice to Vacate to end a month-to-month agreement. State law requires that you provide your tenant no less than 30 days notice for termination.
Notice to quit in certain tenancies. A tenancy from year to year may be terminated by a notice to quit given one month or more before the end of the current year of the tenancy; a tenancy from month to month by a like notice of seven days; a tenancy from week to week, of two days.
So you may not have to pay much, if any additional rent, if you break your lease. You need pay only the amount of rent the landlord loses because you moved out early. This is because North Carolina requires landlords to take reasonable steps to keep their losses to a minimumor to mitigate damages in legal terms. Tenants Right to Break a Rental Lease in North Carolina | Nolo nolo.com legal-encyclopedia tenants-rig nolo.com legal-encyclopedia tenants-rig