North Carolina Notice Requirements to Terminate a Month-to-Month Tenancy

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A great resource for legal information, this article is curtesy of Nolo.com

It is easy for landlords and tenants to end a month-to-month tenancy in North Carolina. (The situation is more complicated when it comes to breaking a fixed-term lease.)

In most situations your landlord does not need to give you a reason (although acting on discriminatory or retaliatory motives is illegal). A landlord can simply give you a written notice to move, allowing you seven days as required by North Carolina law and specifying the date on which your tenancy will end.

Your landlord may legally provide less notice in specific circumstances–for example, if you have not paid rent, if you have violated other terms of your rental agreement (for example, bringing in an unauthorized tenant), or if you have violated basic responsibilities imposed by law (such as by dealing drugs on the rental property).

Notice Requirements for North Carolina Tenants

It is equally easy for tenants in North Carolina to get out of a month-to-month rental agreement. You must provide the same amount of notice (seven days) as the landlord. Be sure to check your rental agreement which may require that your notice to end the tenancy be given on the first of the month or on another specific date.

In some situations, you may be able to move out with less (or no) notice—for example, if your landlord seriously violates the rental agreement or fails to fulfill legal responsibilities affecting your health or safety.

North Carolina State Law and Resources on Terminating a Month-to-Month Tenancy

Check North Carolina state law (N.C. Gen. Stat. § 42-14) for the exact rules and procedures for how landlords must prepare and serve termination notices and for any special rules regarding how tenants must provide notice. See the Laws and Legal Research section of Nolo for advice on finding and reading statutes and court decisions.