A North Carolina lease termination notice form is an official legal document provided to either the tenant or the landlord informing them that the tenancy is ending. If rent is paid monthly, then at least 7 days notice must be provided before the tenancy can end.
Types of North Carolina Lease Termination Notice Forms
| Notice Form | Lease Type |
| 2 Day Notice to Vacate | Weekly |
| 7 Day Notice to Vacate | Monthly |
| 30 Day Notice to Vacate | Yearly |
North Carolina 2 Day Notice to Vacate
A North Carolina 2 Day Notice to Vacate is an official form used to terminate a week-to-week lease. This notice may also be used for tenants with no written lease that pay rent weekly. There is no option to continue the arrangement and the tenancy will end within two (2) calendar days.
North Carolina 7 Day Notice to Vacate
A North Carolina 7 Day Notice to Vacate is an official lease termination letter used to terminate a month-to-month lease. This notice may also be used for tenants that do not have a written lease that pay rent monthly or for tenants with an expired lease. The notice must be provided by either party at least seven (7) calendar days prior to the termination date.
North Carolina 30 Day Notice to Vacate
A North Carolina 30 Day Notice to Vacate is an official lease termination letter used to terminate a year-to-year lease. The notice must be served by either party at least thirty (30) calendar days prior to the expiration of the lease.
How to Write a Lease Termination Notice in North Carolina
For a lease termination notice to be legally compliant:
- State who the legal letter is addressed to (use full name of the receiving party).
- Include the termination date of the lease or tenancy.
- Fill in the full address of the rental premises.
- For tenants, provide your new address and an updated phone number.
- Sign the notice and print your name.
- For landlords, include contact information, such as address and phone number.
- Complete the certificate of service by indicating the date and method of notice delivery along with printed name and signature.
Without this information on the lease termination notice, a judge may not be able to proceed with legal action.
How to Calculate Expiration Date in North Carolina
A lease termination letter takes effect the day after it is served. Lease termination letters must be delivered at least the legally required number of calendar days in advance of the termination date. For example, with a year-to-year lease, to terminate the tenancy on June 30th, the letter must be served by either party before June 1st.
If the last day of the notice period falls on a weekend or legal holiday, then the notice period will not officially expire until the end of the following judicial day (a day when the courthouse is open).
How to Serve a Lease Termination Notice in North Carolina
A landlord or a tenant can deliver notices in North Carolina using any of the below acceptable methods:
- Handing the notice to the other party in person;
- Handing the notice to a person who can accept the letter on the other party’s behalf AND mailing the notice by certified or registered mail with a return receipt;
- Posting the notice on the premises AND mailing the notice by certified or registered mail with a return receipt.
When sending the notice by certified or registered mail, add three (3) calendar days to the notice period to account for variability in post office delivery times.
Sources
- 1 NC Gen Stat § 42-14
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A tenancy from week to week, of two days notice.
Source Link - 2 NC Gen Stat § 42-14
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A tenancy from month to month by a like notice of seven days.
Source Link - 3 NC Gen Stat § 42-14
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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.
Source Link - 4 North Carolina Court Rules of Civil Procedure - Rule 4
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Process – Manner of service to exercise personal jurisdiction. –
In any action commenced in a court of this State having jurisdiction of the subject matter and grounds for personal jurisdiction as provided in G.S. 1-75.4, the manner of service of process within or without the State shall be as follows:
(1) Natural Person. – Except as provided in subdivision (2) below, upon a natural person by one of the following:
a. By delivering a copy of the summons and of the complaint to the natural person or by leaving copies thereof at the defendant’s dwelling house or usual place of abode with some person of suitable age and discretion then residing therein.
b. By delivering a copy of the summons and of the complaint to an agent authorized by appointment or by law to be served or to accept service of process or by serving process upon such agent or the party in a manner specified by any statute.
c. By mailing a copy of the summons and of the complaint, registered or certified mail, return receipt requested, addressed to the party to be served, and delivering to the addressee.
Source Link - 5 North Carolina Court Rules of Civil Procedure - Rule 6(e)
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Additional time after service by mail. – Whenever a party has the right to do some act or take some proceedings within a prescribed period after the service of a notice or other paper upon him and the notice or paper is served upon him by mail, three days shall be added to the prescribed period.
Source Link