Correct date for sending tenant notice of lease termination?

Local Real Estate Networking
6yFollow

Correct date for sending tenant notice of lease termination?

Noureen A S.
Member since 2018 · 44 posts · 5 votes

(note: I meant to post this the local North Carolina RE forum)

I've decided to terminate my tenant's lease. They've given me a few signs that they're not going to be able to keep up with rent over their next (year) term. 

Their lease actually ends March 15th. As per the NC statute concerning lease terminations, I should have sent them a termination notice ("notice to quit"?) by February 15th (or around that date since Feb had 29 days).

Its now March 2nd.

And now that my timing is off, I'm confused about what will happen to their lease end/move-out date: I had to give them 30 days notice before the end of the lease and not having done so will cause them to occupy the unit past their original lease end date (March 15th).

Additionally, if I understand the wording of my lease correctly, if tenant remains in unit after lease ends and without renewing the lease, the "lease" defaults to a month to month...

Exact timeline for everything is clearly confusing to me since I missed the date for sending a lease-termination notice... 

Just trying to cover all bases (while overthinking at the same time)... Do I just send termination notice ASAP and make their lease-end date 30 days from the date of the notice?

Thanks in advance.

0Reply
28 views

2 Replies

Jump to latestLatest
  • Jonathan Taylor SmithBusiness Member
    Rental Property Investor · Durham / Raleigh (Triangle), NC · Member since 2015 · 840 posts · 801 votes
    6y

    @Noureen A S. - First, confirm how your lease speaks to its end without renewal. Likely it falls to month-to-month tenancy in line with the State. Assuming so, I'd plan to give them at least 45 days notice, so now or no later than mid-March, I'd send notice of lease non-renewal and set the end of tenancy date at 04/30/2020. I'd also schedule an inspection.

    Blue Chariot Realty & Management4.915 Reviews
    WebsiteView Page
    0Reply
  • Noureen A S.
    OP
    Member since 2018 · 44 posts · 5 votes
    6y

    @Jonathan Taylor Smith Thank you so much for your response.

    Yes - I reviewed the lease last night and if the tenant stays past the lease without renewing for a full year, they become a month to month tenant. There's also a stipulation that says their rent actually increases by $100 w/ a mth-to-mth tenancy...

    After some more thought, I've decided to give the tenant a 60-day notice for non-renewal.

    On your point about inspection: I was planning to do a final walk-thru after she'd left... Are you suggesting there be an inspection before the tenant packs up and while they're still in the unit?

    0Reply
Join the conversationCreate a free account to reply, vote on answers and follow this thread.
Log InJoin for Free