A month-to-month tenancy is a periodic tenancy or lease in which the tenant is given possession of the leased premises with no specific expiration date and agrees to pay the landlord on a monthly basis. A month-to-month tenancy often requires the tenant or the landlord to give the other party 30 days written notice of termination of the lease.
Both residential leases and commercial leases may be month-to-month tenancies. If a residential or commercial tenant remains in the leased premises and continues to pay rent following the expiration of a lease for a longer term, there may be a new month-to-month tenancy created and recognized by law.
In North Carolina, a month-to-month tenancy is recognized as a form of periodic tenancy where the tenant occupies the property with no definite lease end date and pays rent monthly. This arrangement can be established either through an explicit agreement or by implication, such as when a tenant remains in the property after the expiration of a fixed-term lease and continues to pay rent, and the landlord accepts it. For termination of a month-to-month tenancy, North Carolina law generally requires that either the tenant or the landlord provide the other party with a written notice of at least 30 days before the next rent payment is due. This notice period allows both parties to make necessary arrangements for the transition. It's important to note that the specific terms of the lease agreement may set forth different notice requirements, and such terms would be enforceable as long as they comply with state law. Additionally, local ordinances may also impose additional regulations on month-to-month tenancies, so it's advisable to consult with an attorney or review local laws for any variations.