North Carolina Landlord Tenant Law Breaking Lease


As a rule, tenants are legally required to pay rent for the entire rental period. This means that if you interrupt a one-year lease term in the middle, you will still have to pay rent for the remaining period. If you don`t provide a property that meets these conditions, your tenant may have several options under the law, including stopping other rent payments, moving and doing the repairs themselves, and deducting those costs from the rent payments. You can also end your tenancy if you have been a victim of domestic violence. The action must have taken place within three to six months before your decision to break the lease. The tenant must notify you in writing of his intention to terminate his lease for military reasons. The responsibilities of the tenant of the compensation can be continued after the eviction. The language of an assignment or sublease agreement determines whether and to what extent the tenant who leaves the business remains liable. However, there are situations where a tenant can break their lease without incurring penalties. For example, if the tenant breaks their lease to begin active military service. Therefore, always make sure to give your tenant reasonable notice before entering. Harassment of landlords is illegal in North Carolina. The following actions are considered harassment by the landlord: A lease is binding on both the landlord and the tenant for a certain period of time, usually one year.

Meanwhile, both parties have certain rights and obligations that they must respect. You can also offer your landlord a replacement tenant. However, your landlord reserves the right to accept or reject the tenant. In case of non-payment of rent, the landlord must inform you ten days in advance. This gives you two options – either to pay the rent due or to leave the premises. You may need to enter your tenant`s premises for the following reasons: Nowadays, more and more landlords include a clause that allows tenants to break the lease prematurely for a reasonable fee. The clause usually mentions two important things: the amount of the fee and the required termination amount. Once the landlord has received the notice, the lease ends after 30 days. Proof of eligibility is required. You can provide one of the following forms of proof: If your lease does not provide for a right of termination, it may be possible to modify the terms of the lease to allow for early termination.

All signatories to the lease must agree to any changes. If you have a lease with joint and several liability where several tenants have signed the same lease, all signatories must accept early termination. Active military personnel are protected under the Civilian Military Assistance Act or ACS. The law protects service members from things like rent violations by the landlord when the first receives a change in station orders. Breaking a lease can sometimes be inevitable. In such a case, it is necessary to understand the options before renting. This way, you can protect your rights and financial interests. In general, the termination of a lease refers to the relocation of the rental unit before the end of the rental period. The reasons why tenants move may or may not be legally justified.

If a tenant does not have a right of termination and the landlord refuses to consider an amendment to the lease that allows for termination, it may be possible to find a replacement tenant to meet your tenancy obligations (i.e. An assignment or sublease). However, when re-renting the unit, the landlord does not need to relax their screening standards. For example, there is no need to rent to a tenant who does not have a good credit rating. Breaking a lease can be inevitable. In this case, it is important to understand the options available to you to protect your financial rights and interests. If you need additional help, it is recommended that you hire the services of a qualified lawyer. For example, if the violation is non-payment of rent, you must give the tenant 10 days. Termination gives the tenant two options: If you don`t have the legal right to terminate your lease prematurely, look at the language of the lease itself to see if the lease establishes such a right. Sometimes referred to as a “buyback option,” some leases allow a tenant to terminate after written notice and payment of a redemption fee. A lease binds both parties for a defined period of time, usually one year. During this time, the landlord cannot change the terms of the lease.

For example, the landlord cannot increase the amount of rent. Disclaimer: This blog should not be used as a substitute for the legal advice of a professional lawyer. Laws change frequently, and this article may not be updated when you read it. Please contact us with any questions you may have about this content or any other aspect of your property management needs. And while your tenant has a right to privacy, entry notice laws are absent from North Carolina`s Tenants Act. This often has consequences, especially if the reasons for the breach of contract are not legally justified. For example, moving due to separation/divorce or upside down/reduced are not legally justified reasons to break your lease. You can file a complaint with the landlord or the local health or safety department if you believe the place you are renting violates health and safety standards. As a general rule, you should give the landlord written notice indicating your intention to break the lease unless the problem is resolved. .