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Springbank41 · Feb 4, 2008, 09:31 AM

We live in N.C. and are looking at purchasing a home. Our lease ends in July, the following statement is in the lease:

The tenant is required to give 30 days notice to the landlord
Prior to terminating the tenancy, even if the tenant is leaving at the end of the lease.

Does this mean that we have to stay to the end of the lease or can we give 30 days notice a vacate prior to July?

preds4evr · Feb 4, 2008, 09:54 AM

Here is Tennessee the alndlord or tenant can give a 30 days notice and it is valid according to the lease. Hint: If you move out in July do not give a notice until 30 days before you get ready to move. The landlord can come to you in April and give you 30 days to move out. It all depends if you know your landlord well enough.

Good luck!

Dr D · Feb 4, 2008, 09:55 AM

Yes, you are obligated to stay/pay till the end of the lease. That verbiage means that you are required to give notice (written is best), by the end of June that you do not intend to remain past the end of the lease.

LILL · Feb 4, 2008, 10:58 AM

What it seems to mean is you are required to give 30 days notice of your intent to break the lease, yet you are most likely still liable for the term of the lease and any cost the landlord might incur due to your breach.

ScottGem · Feb 4, 2008, 11:30 AM

You have four options:

1) Sublet
2) find a successor tenant
3) negotiate a buyout with the landlord
4) break the lease and take your chances.

Springbank41 · Feb 5, 2008, 07:11 AM

I have still been researching this and according to NC rental laws:

"Some leases allow a tenant to terminate hte lease early under certain circumstances by giving notice. Check you lease to determine if it permits early termination and what amount of notice is required. If, for example your lease allows you to give 30 days notice to terminate it, typically, you must notify the landlord at least 30 days before the end of the month in which you propose to leave and pay rent through the end of that month"

Please see the statement in my first posting that is in our lease.

ScottGem · Feb 5, 2008, 07:14 AM

I don't think that applies to your clause, but I would need to see the exact wording of the whole clause. I think that part is just about notice, not about early term.

Springbank41 · Feb 5, 2008, 07:27 AM

This is the entire portion:

Tenancy shall begin on 08/01/2007 and (if applicable) end on 07/31/08. The tenant is required to give 30 days notice to the landlord prior to terminating the tenancy, even if the tenant is leaving at the end of the lease.

The heading of the document is not a lease it is:

Residential Tenancy Agreement

ScottGem · Feb 5, 2008, 07:46 AM

That's what I thought. I don't believe that clause refers to early termination. I believe it means the tenant must inform the landlord of their intent not to renew at least 30 days pror to the end of the lease. It also provides for the lease continuing on a month to month basis.

For the law you cite to apply, there must be a clause that specifically permits early termination.

By the way, a Residential Tenancy Agreement IS a lease.