Notice to Terminate Periodic Tenancy (No-Cause / § 42-14)

NOTICE TO TERMINATE PERIODIC TENANCY — NORTH CAROLINA

TABLE OF CONTENTS

1. Caption and Parties
2. Statement of Tenancy
3. Statutory Notice of Termination
4. Termination Date and Surrender
5. Move-Out Procedures and Security Deposit
6. Rent and Other Charges Through Termination
7. Anti-Retaliation and Fair-Housing Acknowledgement
8. Servicemembers and Subsidized Housing Notice
9. Self-Help Eviction Prohibited
10. Reservation of Rights and Non-Waiver
11. Signature and Service
12. Proof of Service
13. North Carolina Practice Notes
14. Sources and References

1. CAPTION AND PARTIES

Premises: [STREET ADDRESS, UNIT, CITY, COUNTY, NC ZIP] (the "Premises").

Date of Notice: [__/__/____]

2. STATEMENT OF TENANCY

2.1. Landlord and Tenant are parties to a [written / oral] rental agreement dated [__/__/____] (the "Lease").

2.2. The Lease establishes a tenancy of the following type (check ONE):

☐ Week-to-week — rent due every [___] days, current week ending [__/__/____].

☐ Month-to-month — rent due on the [___] day of each month, current period ending [__/__/____].

☐ Year-to-year — current year ending [__/__/____].

☐ Fixed-term that has expired and converted to month-to-month by lease provision or holdover, current month ending [__/__/____].

2.3. The Lease [does / does not] require longer notice than the statutory minimum. [If "does," specify the lease-required notice period and source: § ___, ___ days/months.]

3. STATUTORY NOTICE OF TERMINATION

3.1. NOTICE IS HEREBY GIVEN pursuant to N.C. Gen. Stat. § 42-14 that the Lease and the periodic tenancy created thereunder are TERMINATED as set forth below.

3.2. The applicable statutory notice period is (check ONE):

☐ Two (2) days before the end of the current week (week-to-week).

☐ Seven (7) days before the end of the current month (month-to-month).

☐ One (1) month before the end of the current year (year-to-year).

☐ Sixty (60) days for non-renewal of a leased lot in a manufactured-home park (§ 42-14.3).

3.3. To the extent the Lease requires a longer notice period, that longer period applies and is reflected in the termination date set in Section 4.

3.4. To the extent any federal program governing the tenancy (Section 8, public housing, LIHTC, USDA RD, HUD-insured) requires a longer notice or specifies grounds, that program's requirements apply and are reflected (or supplementally noticed) below.

4. TERMINATION DATE AND SURRENDER

4.1. The Lease and Tenant's right to possession of the Premises TERMINATE at 11:59 P.M. on [__/__/____] (the "Termination Date").

4.2. On or before the Termination Date, Tenant shall: (a) vacate the Premises; (b) remove all personal property of Tenant and any household member or guest; (c) return all keys, fobs, garage-door openers, mail-box keys, and access cards to Landlord at the address in Section 11; and (d) leave the Premises in the condition required by the Lease and N.C. Gen. Stat. § 42-43 (tenant duties).

4.3. Failure to vacate. If Tenant fails to vacate by the Termination Date, Tenant becomes a holdover tenant subject to summary ejectment under N.C. Gen. Stat. § 42-26(a)(1), and Landlord intends to file a Complaint in Summary Ejectment (AOC-CVM-201) without further notice.

5. MOVE-OUT PROCEDURES AND SECURITY DEPOSIT

5.1. Forwarding address. Tenant must provide Landlord with a written forwarding address at or before move-out for purposes of the security deposit accounting.

5.2. Joint walk-through. Landlord offers a joint move-out inspection on [__/__/____] at [___:___] [AM / PM], or at another mutually agreeable time before the Termination Date. Participation is optional but recommended.

5.3. Security deposit accounting. Pursuant to N.C. Gen. Stat. §§ 42-50 to 42-56 (Tenant Security Deposit Act), Landlord will provide a written itemized accounting of the security deposit, with any balance refunded, within thirty (30) days after termination of the tenancy and delivery of possession to Landlord. If a final accounting cannot be completed within 30 days because of missing third-party invoices, an interim accounting will be sent within 30 days and a final accounting within 60 days.

5.4. Permitted deductions. Deductions are limited to (a) unpaid rent and lease-authorized charges; (b) damages beyond ordinary wear and tear; (c) costs of re-renting after default; and (d) any other amount expressly permitted by § 42-51. Normal wear and tear may not be deducted.

5.5. Abandoned property. Personal property left at the Premises after the Termination Date will be handled in accordance with N.C. Gen. Stat. § 42-25.9 and § 42-36.2 (if a writ of possession is later required). Landlord will not destroy or dispose of property except as authorized by statute.

6. RENT AND OTHER CHARGES THROUGH TERMINATION

6.1. Tenant remains obligated to pay all rent and lease-authorized charges through the Termination Date.

6.2. As of the date of this Notice, the following sums are owed: $[________], itemized as [unpaid rent for [PERIOD]: $___; permitted late fees: $___; utility reimbursements: $___; etc.].

6.3. Pro-rated rent. If the Termination Date does not coincide with the end of a billing cycle, rent shall be pro-rated on a daily basis through and including the Termination Date.

6.4. Acceptance of rent for any period beyond the Termination Date will not extend the tenancy unless Landlord expressly agrees in writing.

7. ANTI-RETALIATION AND FAIR-HOUSING ACKNOWLEDGEMENT

7.1. Non-retaliation. Pursuant to N.C. Gen. Stat. § 42-37.1, this Notice is NOT issued in retaliation for any tenant activity protected by that section, including good-faith repair requests, complaints to government authorities, attempts to enforce lease or statutory rights, or participation in a tenant organization. The 12-month look-back of § 42-37.1(b) is acknowledged.

7.2. Non-discrimination. This Notice is NOT issued because of Tenant's or any household member's race, color, religion, sex (including sexual orientation and gender identity per Bostock v. Clayton County and HUD guidance), national origin, familial status, or disability (federal Fair Housing Act, 42 U.S.C. §§ 3601 et seq.), or any class protected by the North Carolina State Fair Housing Act (Chapter 41A, particularly § 41A-4) or local fair-housing ordinances.

7.3. Reasonable accommodation. If Tenant or any household member has a disability that requires a reasonable accommodation in connection with this termination (including additional time to vacate or to locate accessible replacement housing), Tenant may request such accommodation in writing to Landlord at the address in Section 11. Landlord will engage in the interactive process required by federal and state fair-housing law.

7.4. VAWA protections. If Tenant or any household member is a victim of domestic violence, dating violence, sexual assault, or stalking and the Premises are covered housing under the Violence Against Women Act (34 U.S.C. § 12491), VAWA confidentiality and lease-bifurcation rights apply; Tenant may invoke them in writing.

8. SERVICEMEMBERS AND SUBSIDIZED HOUSING NOTICE

8.1. SCRA. If Tenant or any household member is on active duty in the uniformed services, the Servicemembers Civil Relief Act (50 U.S.C. § 3951) may bar or stay this termination and any subsequent eviction. Tenant should immediately notify Landlord in writing of any active-duty status.

8.2. Subsidized housing. If the tenancy is subject to Section 8 (Housing Choice Voucher), project-based Section 8, public housing, LIHTC, USDA Rural Development, or another subsidized program, Landlord acknowledges that those programs typically require good cause for termination during the lease term and supply additional notice content and recipient requirements (e.g., notice to the local PHA or housing authority for vouchers, copy to HUD field office for project-based assistance). To the extent applicable, Landlord has issued or will issue the additional federally required notice.

8.3. CARES Act. If the Premises are a "covered dwelling" under 15 U.S.C. § 9058, Landlord acknowledges the 30-day federal notice requirement and has set the Termination Date in compliance therewith.

9. SELF-HELP EVICTION PROHIBITED

9.1. Landlord will NOT engage in any conduct prohibited by N.C. Gen. Stat. § 42-25.6, including changing locks, removing doors or windows, removing personal property, terminating utilities furnished by Landlord, or any other constructive ouster.

9.2. Until removal pursuant to a writ of possession executed by the Sheriff (if Tenant fails to vacate), Tenant remains in lawful possession of the Premises.

10. RESERVATION OF RIGHTS AND NON-WAIVER

10.1. This Notice does not waive any breach of the Lease or any right or remedy of Landlord, including the right to recover unpaid rent, late fees within the § 42-46 cap, damages, and any other lawful charges.

10.2. Acceptance of rent for periods through the Termination Date does not waive this Notice. Acceptance of any rent for periods after the Termination Date will be applied as use-and-occupancy and does not reinstate the Lease unless Landlord expressly so states in writing.

10.3. This Notice is given without prejudice to the additional rights of Landlord under the Lease, the Residential Rental Agreements Act (Article 5), the Tenant Security Deposit Act (Article 6), the Vacation Rental Act (Chapter 42A — if applicable), and other applicable law.

11. SIGNATURE AND SERVICE

Issued this [___] day of [MONTH], 20[__].

LANDLORD:

By: ____________________________________
[NAME], [TITLE]

[ENTITY NAME]
[MAILING ADDRESS]
[CITY, NC ZIP]
Telephone: [___-___-____]
Email: [________________________________]

12. PROOF OF SERVICE

I declare under penalty of perjury under the laws of the State of North Carolina that I served the foregoing NOTICE TO TERMINATE on Tenant by the method(s) checked below:

☐ Personal delivery to [TENANT NAME] at the Premises on [__/__/____] at approximately [___:___] [AM / PM].

☐ Substituted service by leaving a copy with [NAME, RELATIONSHIP, AGE] of suitable age and discretion residing at the Premises on [__/__/____].

☐ Posting and mailing by affixing a copy to a conspicuous part of the Premises and depositing a copy in the U.S. mail, first-class postage prepaid, to Tenant at the Premises and at [LAST KNOWN MAILING ADDRESS] on [__/__/____].

☐ Certified U.S. mail, return receipt requested, article number [________________________________], deposited [__/__/____].

☐ Email to [ADDRESS] on [__/__/____] [only if Lease authorizes electronic notice].

Date: [__/__/____]

By: ____________________________________
[NAME OF SERVER], [TITLE]

13. NORTH CAROLINA PRACTICE NOTES

13.1. Statutory minimum notice (§ 42-14). The notice periods are minimums; the lease may impose longer ones. Calculate the notice period to expire on or before the end of a rental period (e.g., for month-to-month, count back 7 full days from the last day of the current rental month).

13.2. No "just cause" required for most private rentals. Outside of subsidized housing, NC private landlords need not state a reason for terminating a periodic tenancy. They must, however, comply with anti-discrimination and anti-retaliation laws.

13.3. Calculation for month-to-month. For a month-to-month tenancy with rent due on the 1st of each month, a notice issued anytime in (for example) March that is intended to terminate on March 31 is valid only if the notice provides at least 7 days before March 31 — i.e., received on or before March 24. A late-March notice that does not satisfy 7 days will instead terminate the tenancy on April 30.

13.4. Federal Fair Housing. No-cause terminations remain actionable if motivated by protected-class status. Document the legitimate business reason (lease expiration, sale of unit, owner move-in, redevelopment) in Landlord's internal file even though the notice itself need not state a reason.

13.5. Local just-cause ordinances. As of last review, no NC municipality has enacted just-cause-eviction protections, and NC's preemption regime would likely bar such ordinances. Verify locally.

13.6. Subsidized housing. HUD-funded tenancies typically require good cause for termination and follow program-specific notice rules:

• Section 8 Housing Choice Voucher: 24 C.F.R. § 982.310 (good cause required)
• Project-based Section 8: 24 C.F.R. § 247
• Public housing: 24 C.F.R. Part 966 (grievance procedure)
• LIHTC: HERA "good cause" requirement, IRS Rev. Rul. 2004-82
• USDA RD: 7 C.F.R. § 3560

13.7. Manufactured-home parks. Non-renewal of a lot tenancy in a manufactured-home park requires sixty (60) days' notice (§ 42-14.3). The Manufactured Home Park Act provides additional protections.

13.8. Vacation rentals. Chapter 42A (Vacation Rental Act) governs short-term tenancies of less than 90 days for vacation purposes; this template is not appropriate for those tenancies.

13.9. County-level diversion. Wake (Eviction Diversion Program), Mecklenburg, Durham (Eviction Diversion Program with right-to-counsel pilot), Forsyth, Guilford, and Buncombe Counties offer pre-filing mediation that can lead to negotiated move-out timelines, rent forgiveness, or reinstatement; consider participation before resorting to summary ejectment.

13.10. No retaliation despite no-cause framework. Even where no cause is required, § 42-37.1 retaliation defense remains available to the tenant. A magistrate or District Court judge may infer retaliation from temporal proximity between protected activity and the no-cause notice. Landlords should document non-retaliatory motivation contemporaneously.

14. SOURCES AND REFERENCES

• N.C. Gen. Stat. § 42-14 — Notice to quit in certain tenancies.
• N.C. Gen. Stat. § 42-14.3 — Notice for manufactured-home park lots.
• N.C. Gen. Stat. § 42-25.6 — Manner of ejectment of residential tenants.
• N.C. Gen. Stat. § 42-26(a)(1) — Holdover ground for summary ejectment.
• N.C. Gen. Stat. § 42-37.1 — Defense of retaliatory eviction.
• N.C. Gen. Stat. § 42-42, § 42-43 — Landlord and tenant duties (RRAA).
• N.C. Gen. Stat. §§ 42-50 to 42-56 — Tenant Security Deposit Act.
• N.C. Gen. Stat. Chapter 41A — State Fair Housing Act.
• 42 U.S.C. §§ 3601 et seq. — Federal Fair Housing Act.
• 50 U.S.C. § 3951 — Servicemembers Civil Relief Act.
• 15 U.S.C. § 9058 — CARES Act eviction notice.
• 24 C.F.R. § 982.310, Part 247, Part 966 — HUD termination procedures.
• 34 U.S.C. § 12491 — VAWA housing protections.
• AOC-CVM-201 — Complaint in Summary Ejectment.
• Legal Aid of North Carolina, Eviction Defense Manual.
• UNC School of Government, On the Civil Side, summary ejectment series.