State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_42 > GS_42-45

§ 42‑45.  Earlytermination of rental agreement by military personnel.

(a)        Any member of theUnited States Armed Forces who (i) is required to move pursuant to permanentchange of station orders to depart 50 miles or more from the location of thedwelling unit, or (ii) is prematurely or involuntarily discharged or releasedfrom active duty with the United States Armed Forces, may terminate his rentalagreement for a dwelling unit by providing the landlord with a written noticeof termination to be effective on a date stated in the notice that is at least30 days after the landlord's receipt of the notice. The notice to the landlordmust be accompanied by either a copy of the official military orders or awritten verification signed by the member's commanding officer.

(a1)      Any member of theUnited States Armed Forces who is deployed with a military unit for a period ofnot less than 90 days may terminate his rental agreement for a dwelling unit byproviding the landlord with a written notice of termination. The notice to thelandlord must be accompanied by either a copy of the official military ordersor a written verification signed by the member's commanding officer.Termination of a lease pursuant to this subsection is effective 30 days afterthe first date on which the next rental payment is due or 45 days after thelandlord's receipt of the notice, whichever is shorter, and payable after thedate on which the notice of termination is delivered.

(a2)      Upon termination ofa rental agreement under this section, the tenant is liable for the rent dueunder the rental agreement prorated to the effective date of the terminationpayable at such time as would have otherwise been required by the terms of therental agreement. The tenant is not liable for any other rent or damages due tothe early termination of the tenancy except the liquidated damages provided insubsection (b) of this section. If a member terminates the rental agreementpursuant to this section 14 or more days prior to occupancy, no damages orpenalties of any kind shall be due.

(b)        In consideration ofearly termination of the rental agreement, the tenant is liable to the landlordfor liquidated damages provided the tenant has completed less than nine monthsof the tenancy and the landlord has suffered actual damages due to loss of thetenancy. The liquidated damages shall be in an amount no greater than onemonth's rent if the tenant has completed less than six months of the tenancy asof the effective date of termination, or one‑half of one month's rent ifthe tenant has completed at least six but less than nine months of the tenancyas of the effective date of termination.

(c)        The provisions ofthis section may not be waived or modified by the agreement of the partiesunder any circumstances. Nothing in this section shall affect the rightsestablished by G.S. 42‑3. (1987, c. 478, s. 1; 2005‑445, s. 4.1.)