This office lease form states that if the tenant, without the written consent of Landlord, holds over after the expiration of the term of the lease, and if the landlord does not proceed to remove the tenant from the demised premises in the manner permitted by law, the tenancy will be deemed a month-to-month tenancy.
North Carolina Addressing Holdover Tenancy in a Lease
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US-OL24031
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How to fill out Addressing Holdover Tenancy In A Lease?
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FAQ
In the state of North Carolina, the lease statute allows a property owner to include an automatic renewal clause in the lease. If neither the landlord nor renter issues a notice to terminate a lease, it can be converted into a month-to-month arrangement under North Carolina provisions.
If you are evicting tenant for staying past the end of their lease (a ?holdover? tenant), then you must give the tenant different types of notice depending on their specific lease agreement: if it was a monthly rent payment, then you must give a seven (7) day notice; if it was yearly payment of rent, then you must give ...
Key Takeaways Tenancy at sufferance refers to holdover tenants of an expired lease who no longer have the landlord's permission to remain in the property, but who have not yet been evicted. The term sufferance means the absence of objection without genuine approval.
A landlord can evict a tenant who stays in the property even a day after their written lease ends (and has not arranged for a renewal). This type of notice or eviction usually only applies if the landlord wants to end the tenant's lease. The required notice time given to a tenant depends on their tenancy type.
If a landlord continues to accept rent payments, a holdover tenant can legally occupy the property, and state laws and court rulings determine the length of the new rental term?. If a landlord does not accept further rent payments, the tenant is considered a trespasser and may be evicted.
For month-to-month leases, there must be seven days of notice. For year-to-year leases or those with other definite terms, landlords must notify the tenant, or vice versa, within a month of the end of the lease. On leases lasting between one week and one month, notice must be given at least two days in advance.
