When must notice to vacate be provided to a landlord?

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When must notice to vacate be provided to a landlord?

I signed a 1 year lease that converted to a month-to-month at the conclusion of the first year. The original lease terms state either party can terminate the lease with 60 days’ notice. There is no stipulation as to when notice to vacate must be given, although the rent is due on first of the month. Does this mean I can provide notification on the 17th of next month and only be liable for rent through the 17th of the following month or can I be forced to pay rent through the end of that month?

Asked on August 18, 2012 under Real Estate Law, North Carolina

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Your month-to-month tenancy requires thirty days written notice to terminate the tenancy.  If you give notice on Sept. 17, the rent you will owe for October will be from Oct. 1 through 17.  You won't owe rent for the entire month of October.


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