North Carolina Month-to-Month Lease Agreement

Legal Aspects of Month-to-Month Leases in North Carolina

Month-to-month lease agreements aren’t just paperwork but are essential in protecting the rights of both parties. Understanding these agreements is especially important due to the varying state laws. Revise our free template to meet North Carolina’s legal rules and regulations.

Lease Termination & Renewal

• This lease agreement has no fixed end date and will automatically renew each month when rent is paid.
• In North Carolina, either party can end a month-to-month lease by providing seven days’ written notice.
• Landlords in North Carolina can evict tenants for various reasons, such as non-payment, where the landlord must provide a 10-day notice to quit and proceed with legal action thereafter. 
• Landlords must follow local eviction laws and provide appropriate notice for different eviction reasons for month-to-month lease agreements.
• Eviction in North Carolina is possible if tenants breach their month-to-month lease or overstay the notice period. The process usually takes one to two months, and sometimes it can take more time.

Rent Increases 

• North Carolina has no rent control laws limiting the amount landlords can charge for rent. Furthermore, it’s illegal for local governments to implement rent control laws according to state law.
• Landlords in North Carolina must provide reasonable notice each time they increase rent, but there are no limits on the frequency of rent increases.
• In North Carolina, if a landlord wants to increase the rent, they must provide notice in writing. However, there’s no specific timeframe mentioned for this notice. 

Security Deposit 

• For month-to-month rentals, the landlord may charge up to one and a half month’s rent as a security deposit.
• In North Carolina, landlords are required to either deposit security deposits into a trust account or obtain a bond. Within 30 days of the lease term’s beginning, they must notify the tenant of the institution’s name and address.
• It’s acceptable for the landlord to charge a reasonable and nonrefundable fee for tenants who keep pets on the premises.

Tenants Rights 

• Tenants have the right to live in a safe and comfortable home. 
• The maintenance of the property falls under the responsibility of the landlord.
• Tenants have a right to privacy, and landlords must provide proper notice before entering.

Required Disclosures 

If you’re a landlord in North Carolina, it’s important to know that you must provide certain disclosures to your tenants, even if they’re under a month-to-month lease agreement. These disclosures are intended to inform tenants about their rights and lease terms. You must provide these disclosures in writing as part of the lease or as a separate notice. It’s worth noting that landlords in North Carolina aren’t allowed to rent out a property without first providing the necessary disclosures to a potential tenant.

• Late fees disclosure
• Water contamination disclosure
• Security deposit holdings disclosure
• Lead-based paint