Month to Month Lease

I have a tenant who signed a 12 month lease and then took the option, as stated in the lease agreement, to go month-to-month. My understanding and through prior experiences is that if you have an annual lease that expires and choose not to sign a mother 12 month lease, by going month to month you are still bound by the terms of the initial lease, primarily the requirement to give at least 30 days notice to terminate the lease agreement or giving notice to vacate. There is a reference that was provided to me that indicated that only 7 days notice was required. I have been doing this for almost 10 years and have never heard of this scenario myself nor from other friends that have rental property.

Asked on May 30, 2017 under Real Estate Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

1) Yes, when a lease provides that the tenant may go month to month and the tenant does that, all terms of the lease, other than the duration, remain the same.
2) With a month to month lease, as the term implies, a month's notice is required to terminate the lease. If less than that is given by the tenant, he or she would owe for the rest of the period (e.g. if a tenant gave a weeks notice, he or she would owe an additional 3 weeks of rent for having given inadequate notice).


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