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The rights of North Carolina tenants include the right to fair housing, security deposit protections, freedom from landlord retaliation and rights for victims of domestic violence.
A landlord can break a lease for two reasonsa tenant's lease violation or an early termination clause in the agreement. For example, the landlord can evict a tenant for unpaid rent or breaking another rental lease clause. Also, a landlord can end the lease to sell, renovate, or move into the rental property.
North Carolina law says that your landlord must keep your housing fit and safe. It also says that you, the tenant, must pay your rent, keep your home clean, and not damage your home. To make the law work, both the tenant and the landlord must do their part.
The first step you want to take to evict someone with no lease in NC is to provide the tenant with notice. The amount of notice required will depend on the terms of your prior lease. Unlike the 10 day notice for eviction for non-payment, you will have a different notice requirement for this type of ejectment.
Types of renting agreement Tenancy types. Different types of tenancy give you very different rights:Tenancy or licence? Your renting agreement with your landlord is either a tenancy or a licence.Joint agreements.Fixed term and periodic agreements.Verbal agreements.Written agreements.Unfair terms in tenancy agreements.
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.
An early lease termination clause exists. The penalty could be the equivalent of 2 months' rent. If the monthly rent is $1,500, you could require tenants to pay a penalty of $3,000 when looking to terminate their lease. Also, you may want tenants using this clause to provide you sufficient notice.
The Residential Rental Agreements Act is set out in G.S. Chapter 42, Sections 38 to 44. This law, which was passed in 1977, re-wrote the common law to provide that landlords must maintain residential rental premises to be fit to live in, and to make clear that a tenant's right to such housing cannot be waived.
Your options for getting out of a lease terminate the lease under a break clause; negotiate termination with the landlord; assign the lease - ie sell it to a new tenant; sublet the premises, or part of the premises.
You must provide your landlord with a written notice of your intent to move out. After the landlord receives the notice, the lease then ends after 30 days. Proof of the claim is required.