North Carolina Month-to-Month Lease Agreement

Month-to-Month Laws

Termination Notice

To terminate a month-to-month rental agreement, the party wishing to end the lease must provide a written notice at least seven days before the desired termination date. While the minimum notice period is seven days, providing a 30-day notice can be more convenient for both parties.

Rent Increase Notice

In North Carolina, there are no specific laws governing notice requirements for rent increases in month-to-month tenancies. However, it is advisable for landlords to give at least seven days’ notice before implementing any rent increase.

Required Disclosures

Landlords are required to provide several disclosures to tenants in a month-to-month rental agreement:

1. Lead-Based Paint Disclosure: This disclosure is necessary to inform tenants whether lead paint exists on the premises and is required if the leased property was built before 1978.

2. Security Deposit Disclosure: Within 30 days after the lease begins, landlords must disclose the name and address of the bank where the tenant’s security deposit is stored. If the deposit is kept as a bond, the landlord must disclose the name of the insurance company that issued the bond.

3. Late Fees Disclosure: Landlords must disclose any late fees associated with the rental agreement.

4. Notice of Abandoned Personal Property: This notice informs tenants of the procedures regarding any personal property left behind after a lease ends.

North Carolina Month-to-Month Eviction

To evict a tenant under a month-to-month rental agreement in North Carolina, the landlord must follow specific procedures:

• Provide a written notice to vacate at least seven days before the desired move-out date.
• Ensure compliance with legal grounds for eviction, such as non-payment of rent or violation of lease terms.
• Follow proper legal procedures for eviction, which may include filing for an eviction hearing if the tenant does not vacate by the specified date.

Statutes

• N.C. Gen. Stat. § 42-3 – Term forfeited for nonpayment of rent
• N.C. Gen. Stat. § 42-14 – Notice to quit in certain tenancies
• N.C. Gen. Stat. § 42-25.9 – Remedies
• N.C. Gen. Stat. § 42-26 – Tenant holding over may be dispossessed in certain cases
• N.C. Gen. Stat. § 42-33 – Rent and costs tendered by tenant
• N.C. Gen. Stat. § 42-36.2 – Notice to tenant of execution of writ for possession of property; storage of evicted tenant’s personal property
• N.C. Gen. Stat. § 42-37.1 – Defense of retaliatory eviction
• N.C. Gen. Stat. § 42-42 – Landlord to provide fit premises
• N.C. Gen. Stat. § 42-42.2 – Victim protection – nondiscrimination
• N.C. Gen. Stat. § 42-42.3 – Victim protection – change locks
• N.C. Gen. Stat. § 42-43 – Tenant to maintain dwelling unit
• N.C. Gen. Stat. § 42-44 – General remedies, penalties, and limitations
• N.C. Gen. Stat. § 42-45.1 – Early termination of rental agreement by victims of domestic violence, sexual assault, or stalking
• N.C. Gen. Stat. § 42-46(a) – Authorized fees, costs, and expenses
• N.C. Gen. Stat. § 42-50 – Deposits from the tenant
• N.C. Gen. Stat. § 42-51 – Permitted uses of the deposit
• N.C. Gen. Stat. § 42-52 – Landlord’s obligations
• N.C. Gen. Stat. § 42-53 – Pet Deposits
• N.C. Gen. Stat. § 7A-19 – Seats and sessions of court
• N.C. Gen. Stat. § 7A-210 – Small claim action defined
• N.C. Gen. Stat. § 25-3-506 – Collection of processing fee for returned checks