NC Lease after expiration

3 Replies

In North Carolina, what happens after a one year lease expires if there is nothing mentioned in the lease? I cannot seem to find a reliable answer. Some people say that if there is no language in the lease about what happens at expiration, that it automatically renews for the same term (one year in this case). Others say that the lease automatically becomes a month to month lease. So which is it?

@Ross Bernard I'm no attorney, but I would guess that it just simply expires.  The tenant doesn't owe rent but also no longer has the right to live there.

The tenant has stayed after the expiration and has been paying rent monthly. If I need to give the tenant notice to vacate, do I need to give notice for month to month (7 days I believe) or year to year (30 days I believe)?

@Ross Bernard Check out GS 42-14! 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. *** Unless it's a manufactured home...then you need a 60 day notice. So, given that you are in a holdover situation that's verbal (I assume), and given that a week to week tenancy requires 2 days notice, my hunch would be that you can evict pretty darn quickly. 

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