What is the penalty for breaking a lease in North Carolina?
The penalty could be the equivalent of 2 months' rent. If the monthly rent is $1,500, you could require tenants to pay a penalty of $3,000 when looking to terminate their lease. Also, you may want tenants using this clause to provide you sufficient notice. 30 days notice is typical.
In North Carolina, the rental laws specify that if breaking the lease is justified, you only need to provide your landlord with a notice of your intent. Although when not justified, you may be liable for paying all the rent due for the remaining lease term.
Explain the situation and the reason why you need to break your lease agreement. Your landlord might agree to negotiate an exit deal, in which case, you may have to pay a penalty amount. Alternatively, you could offer to find a replacement tenant for your landlord, to ensure that they do not suffer any monetary loss.
2. The agreement contains an early termination clause. Nowadays, an increasing number of landlords are including a clause that allows tenants to break the lease early in exchange for a reasonable fee. The clause usually mentions two important things: the fee amount and the notice amount required.
- terminate the lease under a break clause;
- negotiate termination with the landlord;
- assign the lease - ie sell it to a new tenant;
- sublet the premises, or part of the premises.
North Carolina law says that your landlord must keep your housing fit and safe. It also says that you, the tenant, must pay your rent, keep your home clean, and not damage your home. To make the law work, both the tenant and the landlord must do their part.
Notice Requirements for North Carolina Tenants
You must provide the same amount of notice (seven days) as the landlord. Be sure to check your rental agreement which may require that your notice to end the tenancy be given on the first of the month or on another specific date.
You can usually give notice at any time, unless you have a break clause or a tenancy agreement that says otherwise. The notice you give has to end on the first or last day of your tenancy period.
North Carolina tenants are not mandated to give landlords a written notice for fixed end date leases. The lease will terminate automatically after the date of the lease term. You should also include your responsibility as a landlord to re-rent the unit.
Introduction. This is a brief overview of the law relating to contractual rights in leases of commercial premises that allow the landlord and/or the tenant to terminate the lease before the end of the full contractual term. These rights are commonly known as “break rights”.