Notice to quite required 60 days before end of lease

Member since 2019 · 1 post · 0 votes

Hi , I had a quick question about the notice to quite laws in North Carolina…. I am have a small rental portfolio in Oregon. And was talking to my sister who is renting in Charlotte she was getting ready to move at the end of her year to year lease and gave them a 30 day notice. They are saying that she is required to give them a 60 day notice and the rent was going to be almost double because it would be month to month… dose that sound right or are they trying to pull one over on her?

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Laura Shinkle

Realtor · Charlotte, NC · Member since 2017 · 357 posts · 292 votes

So the basic laws in NC only require 30 days notice for a year long lease, however most leases for apartments do state in their leases that 60 days notice is required. If she checks her lease, it should state clearly what notice is required. The lease supercedes the law as long as it's not breaking the law.

When leases go month to month with apartment buildings, they generally charge a ridiculous amount for it.

Its not right, in my opinion, but it sounds normal for this area.

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Laura Shinkle
Realtor · Charlotte, NC · Member since 2017 · 357 posts · 292 votes
3y
So the basic laws in NC only require 30 days notice for a year long lease, however most leases for apartments do state in their leases that 60 days notice is required. If she checks her lease, it should state clearly what notice is required. The lease supercedes the law as long as it's not breaking the law.

When leases go month to month with apartment buildings, they generally charge a ridiculous amount for it.

Its not right, in my opinion, but it sounds normal for this area.
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Bill B.
Investor · Las Vegas, NV · Member since 2013 · 8k+ posts · 10k+ votes
3y
I think you might be googling the wrong terms and of course google is no replacement for local knowledge/help….
The “notice to quit” requirement is 10 days. But that is the notice the landlord uses when the tenant hasn’t paid rent on time and it doesn’t sound like that’s what you want.
Other results included the handbook by north Carolina that both landlord and tenants should have read…
https://charlottenc.gov/crc/Do...
It says 30 days notice, unless the else says more notice required. (Which is weird and unusual, what if the lease said 180 days notice required? Don’t think you’d get away with that.
I’d have he read the pamphlet, get some local help and remind her in the future, there is no advantage to not telling the landlord as soon as she knows she’s not staying next time. I assume she knew early that’s 30 days she was moving.
Good luck to you both.
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Adam SchneiderPro Member
Lender · Raleigh, NC · Member since 2012 · 957 posts · 639 votes
3y
Google NC G$ 42. North Carolina General Statues, Chapter 42. This will provide the NC laws regarding landlord-tenant notices, evictions, tenancies, etc.
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Chris London
Property Manager · Raleigh/Durham NC · Member since 2015 · 210 posts · 293 votes
3y
@Andy Casey
The lease controls renewal/non-renewal.
Both 30 days and 60 days are common in traditional leases.
In a 60-day notice example, most respectable landlords would communicate 70-80 days before the end of the lease and ask the tenant about their intentions to end or renew the lease. That still does not take the burden off the tenant to read their lease thoroughly and make themselves a reminder.
Note, because we sign student leases for UNC-CH for the upcoming school year 9-12 months in advance, students need to renew (or not renew) ~9 mo in advance. The point of this comment is to reinforce the point that the lease controls the renewal date.
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Logan Carter
Member since 2024 · 1 post · 0 votes
2y
So how does this work in a month-to-month situation? From my understanding, the legal obligation is a 7 day notice for a month-to-month lease in North Carolina. How would it even be possible to supply a 60 day notice on a lease term that's 30? Especially when a month-to-month lease is based upon payment presented at the beginning of the term. If this is an accepted practice in North Carolina then something is definitely off.
It seems like an awfully underhanded way to finance a potential vacancy loss using the outgoing tenant. It sounds like a security deposit trap.
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Adam SchneiderPro Member
Lender · Raleigh, NC · Member since 2012 · 957 posts · 639 votes
2y
@Logan Carter. Google NC G$ 42. North Carolina General Statues, Chapter 42. This will provide the NC laws regarding landlord-tenant notices, evictions, tenancies, etc.
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Nathan GesnerBusiness Member
Moderator
Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
2y
Here's the actual statute:

§ 42‑14. Notice to quit in certain tenancies.
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; a tenancy from month to month by a like
notice of seven days; a tenancy from week to week, of two days. Provided, however, where the tenancy involves only the rental of a space for a manufactured home as defined in G.S.
143‑143.9(6), a notice to quit must be given at least 60 days before the end of the current rental period, regardless of the term of the tenancy. (1868‑9, c. 156, s. 9; Code, s. 1750; 1891, c. 227; Rev., s. 1984; C.S., s. 2354; 1985, c. 541; 2005‑291, s. 1.)

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Pat LulewiczBusiness Member
Realtor · Raleigh NC and Greensboro, NC · Member since 2019 · 396 posts · 392 votes
2y
@Logan Carter like everyone has said, y'all need to read the lease to get your answer on what each situation's requirements are, including the month-to-month scenario. My leases revert to month-to-month unless written notice is given that we're offering only an annual renewal option. If it reverts back to M2M, a 30 day notice is required to terminate the lease from either party to the other.
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Laura Shinkle
Realtor · Charlotte, NC · Member since 2017 · 357 posts · 292 votes
2y
@Logan Carter the law states a minimum amount in the general statute, but a lease can always be stricter. Hence the 60 day notice with a year lease, which is longer than the 30 day required by law. If she goes month to month, the lease will dictate the terms. I'm sure they're different once she goes month to month. It's probably 30 days. Apartments don't like not knowing when a tenant is leaving, and they definitely make tenants pay for that flexibility. If she is transitioning to a house, she'll need to either do the month to month route or take the leap of faith that she'll find something when she needs to since houses don't typically come up for rent until they're vacant and ready to be leased.
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