The North Carolina Month-to-Month Rental Agreement is a legal document that is used between a owner/landlord or management company and tenant(s) (residential) that allows the tenant(s) to rent from month to month for a small or an extended amount of time as opposed to signing a longer term lease. This particular agreement protects the tenant(s) in the even they have a reason to move sooner. According to § 42-14 a lessee may terminate this type of tenancy with notice of at least seven (7) days. Read the agreement carefully inasmuch as, regardless of the 7 day notice, this agreement requires 30 days if you wish to receive any of your deposit. If you aren’t certain about the language, you may wish to contact an attorney that is familiar with real estate law.
Minimum Termination Period – 7 days
Laws – § 42-14
How To Write
Step 1 – Parties – Download the document and begin by entering the following:
- The name of the tenant(s)
- The name of the landlord
- Read the remainder of the paragraph
Step 2 – Premises – Carefully read the paragraph and enter the information required:
- The county where the residence is situation in the state
- The Physical Address
- List any furnishings ie: appliances or other furnishings and the condition in which the furnishing are at move in
Step 3 – Term –
- Enter the date of commencement
- Enter the ending date unless the tenant continues to rent each month
Step 4 – Payment of Rent – Both parties should read the paragraph-
- Enter the worded amount of the rent
- Enter the numbered amount of the rent in dollars
- Enter the date that the first payment will be made in mm/dd/yyyy format
- Enter the address to where the rent should be delivered
Step 5 – Titled Sections – Carefully review each of the following sections (If there are additions, they must be added while in the presence of the tenant or brought to the attention to the tenant prior to application of signatures:
- Rent Increases
- Returned Checks and Stop Payment
- Late Charges
- Tenant Examination and Acceptance of Premises (The property will be rented as it is with no deduction of rent)
- Occupancy and Use -(Property is rented only for residential use) –Enter the names of all occupants including minor children – Enter the maximum number of people allowed to reside in the residence at any given time.
- Disturbances and Violation of Laws
- Security Deposit and Return Thereof – Tenant should read this section carefully –Enter the amount in dollars that will be deposited with the landlord- read the remainder of the section entirely. This section requires 30 days notice and the landlord will have up to 30 days to return your deposit to you.
- Application for Lease
- Vehicle Parking
- Possession At Commencement of Term
- Insurance
- Utilities – Landlord must check all of the boxes that the tenant will be responsible to pay for, as well, check the services the landlord will agree to pay – Tenant should carefully read the remainder of this section
- Alteration and Repairs by Tenant
- Assignment of Agreement and Subletting
- Landlord’s Responsibilities and Duties ( A through E)
- Tenant’s Responsibilities and Duties (A through G)
- Pets
- Quiet Enjoyment
- Surrender of Premises
- Landlord’s Right to Access and Inspection
- Termination of Lease – Hold Over
- Extended Absences by Tenant and Notice Thereof
- Abandonment
- Disposition of Tenant’s Personal Property
- Property Damage- Destruction of Property
- Hold Harmless
- Disclaimer of Security Warranties
- Default/Breach By Tenant
- Remedies – Cumulative
- Notice of Injuries on Premises
- Waiver
- Grounds for Termination of Tenancy
- Court Costs and Attorney’s Fees
- Agents and Authority to Receive Legal Papers – (Enter the landlord’s address)
- Time
- Subordination
- Eminent Domain
- Binding on Heirs and Assigns
- Entire Agreement
- Governing Law
- Severability – Enter any additional provisions in the lines provided in this section)
- Tenant acknowledges receipt of an executed copy of this lease- Enter the following:
- Landlord/Agent’s signature
- Title
- Date
- Address
- Phone
- AND
- Tenant’s Signature
- Print Tenant’s Name
- Date
- Read the remainder of the document carefully
