A North Carolina lease termination notice is a document which officially announces the upcoming end of a rental tenancy. Either a landlord or tenant may give notice, in many cases at least 30 days in advance.
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 terminates a week-to-week lease, and rental situations with no written lease where the tenant pays rent weekly. The non-terminating party must receive notice at least two (2) calendar days before the date of termination.
North Carolina 7 Day Notice To Vacate
A North Carolina 7 Day Notice To Vacate terminates a month-to-month lease, and rental situations where the lease has expired or there’s no written lease but the tenant pays rent monthly. The non-terminating party must receive notice at least seven (7) calendar days before the date of termination.
North Carolina 30 Day Notice To Vacate
A North Carolina 30 Day Notice To Vacate terminates a year-to-year lease. The non-terminating party must receive notice at least thirty (30) calendar days before the date of termination.
How To Write a Lease Termination Notice in North Carolina
To ensure the legal compliance of a lease termination notice:
- Use the full name of the receiving party, and address of record, if known
- Specify the termination date of the lease or tenancy
- Fill in the full address of the rental premises
- Provide updated/current address and phone number information
- Print name and sign the notice
- Complete the certificate of service by indicating the date and method of notice delivery, along with printed name and signature
It is easy to lose an otherwise justified legal action because of improper notice. Check carefully to ensure enough time after notice is delivered, not when it’s sent.
How To Calculate Expiration Date in North Carolina
The “clock” for a lease termination notice starts “ticking” the day after the notice gets delivered (served). For example, to give at least 30 days of notice and terminate a tenancy as of June 30th, delivery of the termination letter must be no later than May 31st.
In most jurisdictions, if the last day of a notice period is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday.
In North Carolina, for a notice period less than seven (7) days, only judicial days are counted, with weekends and legal holidays excluded.
How To Serve a Lease Termination Notice in North Carolina
North Carolina law is not specific on requirements for serving a lease termination notice, so landlords and tenants may use any method which conveys the necessary information in an effective manner. The following methods, used for serving official court business, represent the legal gold standard in the state:
- Hand delivery to the other party
- Hand delivery to a person of suitable age and discretion at the other party’s address, who can accept the notice on behalf of the other party
- Delivery by registered or certified mail, return receipt requested, addressed and delivered to the other party
Mailed notice extends the notice period by three (3) calendar days, to account for variable 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
