A North Carolina month-to-month lease agreement is a contract (written or oral) that allows a tenant to rent property from a landlord, in exchange for a fee (“rent”), for a period of thirty days at a time. The agreement remains active until either party gives proper notice to end it.
Note: For fixed term leases in North Carolina (i.e., 1-year), click here.
How do North Carolina Month-to-Month Lease Agreements Work?
A landlord and tenant can enter into a month-to-month lease through a written contract or oral agreement. It does not have to be written.
Once the lease is active, both parties are given full rights under North Carolina landlord tenant law. This includes the landlord’s responsibility to provide a habitable living space, the tenant’s responsibility to pay rent in a timely manner and all other rights and responsibilities.
How Much Notice is Needed to End the Lease?
In North Carolina, either party may terminate a month-to-month lease agreement by giving at least 7 days’ notice. N.C. Gen. Stat. § 42-14
Notice must be provided in written form.
How Much Notice is Needed to Raise the Rent?
It’s important to note since there are no rent-controlled communities in the state of North Carolina, a landlord may raise rents at his or her own discretion. In North Carolina, there is no state statute on the amount of notice needed to raise the rent; however, it is customary to provide a prior notice of the rent increase.
How are Month-to-Month Tenants Evicted in North Carolina?
After the landlord gives proper notice, and that period of time elapses, the lease expires and is no longer active.
If a tenant remains on the property after lease expiry, the landlord may move forward with the eviction process to remove the tenant by filing a complaint with the applicable county court in North Carolina. The process for eviction can be completed in 1-3 months, but can take longer depending on the circumstances.
For more information on the eviction process in North Carolina, click here.