Annual lease ended mid month, tenant wants to move 2 weeks later

[Andreas W.]

I have a disagreement with my tenant in regard to the end of the tenancy. North Carolina.

The rental contract's initial term ended on November 14th. The contract spells out that if no notice is given 30 days prior to the end of the initial rental term ( 1year), the tenancy becomes a month to month tenancy on same terms and conditions incl. a 30 day notice for ending the tenancy. On November 5th I receive a notice that tenant wants to move out by end of November. Besides being 5 days late with the 30 day notice, I tried to explain to tenant that the next rental term after November 14th ends actually on December 14th and this is the first date the tenancy can end according to rental contract. My question is, does month to month mean discrete rental terms (in this case mid month to mid month) or is month to month a continuum in which the tenant can chose any day to vacate with 30 days notice?

[Josh Jacobsen]

1. I agree with Dawn. You have better things to do with your time than to stress over a 25 day notice. I would take this opportunity to get your next tenant on a 1st of the month lease, rather than the 14th. Even if the next tenant moves in mid month, collect a pro-rated rent for the remainder of the month and a full rent payment on the first.