What Is the Penalty for Breaking a Lease in North Carolina?
- While North Carolina landlord and tenant laws allow for both oral and written agreements, oral agreements are difficult to prove in court and many landlords prefer a written agreement. Your written agreement will list the start and end date for the lease. This is the amount of time you agree to continue to live at the property and pay the rent. If you move out early, you violate your lease agreement.
- Many leases include an early termination clause. In this clause the landlord will lay out instructions on how you can move out early. For example, the landlord may state that you can end your lease early by notifying him in writing and paying an early termination fee. The amount of the fee varies by landlord. If your lease includes an early termination clause, both you and the landlord must honor it. The landlord cannot charge you more than the fee listed in the lease, and you must notify the landlord within the timeframe listed.
- If the landlord did not include an early termination clause in your lease, you can be held liable for the rent due for the time remaining on the lease. For example, if you have six months left on your lease when you vacate the property, the landlord can charge you for six months worth of rent. North Carolina landlord and tenant law states that if you vacate your rental without paying the remainder of the rent, the landlord must send you a written demand for the remaining due. If you do not pay after the written demand within 10 days, the landlord can file a claim against you in court, according to the North Carolina State Bar.
- Some lease agreements allow you to sublet your rental unit to another tenant. By subletting, you find someone else to take over your lease for the remaining term. The landlord must approve the new renter. Typically, the renter must meet the credit and income qualifications required by the landlord. You can only sublet your apartment if the lease agreement includes a subletting clause, or the landlord agrees to let you sublet in writing. Otherwise, the landlord can charge you for the remaining rent due or the early termination fee.
- If you and your landlord cannot reach an agreement, or your landlord does not live up to the lease agreement, you may wish to seek legal counsel. Legal Aid provides free or discounted legal advice depending on your income level. A Legal Aid lawyer can review the North Carolina landlord and tenant laws with you. The Legal Aid of North Carolina website maintains a list of local offices.