The United States Constitution provides every individual the freedom and right to own property in their own name. The Office of the Recorder protects that freedom by permanently recording all original documents pertaining to property ownership and real property transactions. Real property records can be examined to ensure good title, and recording of documents may entitle a person to a lien, security interest, or priority to stand in line ahead another creditor.
Charlotte North Carolina Notice of Lease for Recording
Category:
State:
North Carolina
City:
Charlotte
Control #:
NC-LEASE-5
Format:
Word;
Rich Text
Instant download
Description
This Memorandum and Notice of Lease Agreement is designed to be recorded in the official records in order to provide notice that a lease exists on a certain parcel of real estate. It is used in lieu of recording the entire lease agreement.
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FAQ
No, residential lease agreements do not need to be notarized in North Carolina. As long as the contract exists and both parties have agreed to it, it is legally binding and it does not have to be notarized. Of course, the landlord and tenant can agree to have the lease notarized if they wish, but it is not required.
If a landlord wants to evict a tenant for nonpayment of rent, then he or she must give the tenant a 3-day Notice to Vacate. For any other reason, the landlord must give the tenant at least a 15-day Notice to Vacate. If the tenant can repair the issue within 15 days, the landlord cannot evict the tenant.
They have to give you at least 28 days notice, but this could be longer depending on your agreement. If you don't leave by the time your notice ends, your landlord has to go to court to get a court order to make you leave.
If your landlord's title is registered, then you must register the lease, no matter what the term. If your landlord's title is unregistered, the lease will only need to be registered if it is granted for a term more than 7 years.
For month-to-month leases, there must be seven days of notice. For year-to-year leases or those with other definite terms, landlords must notify the tenant, or vice versa, within a month of the end of the lease. On leases lasting between one week and one month, notice must be given at least two days in advance.
Generally, recording of the lease protects the tenant against subsequent claims to the property. If the Landowner dies or sells the property during the lease term, a recorded lease helps ensure that the new owner adheres to the lease agreement (if that is specifically stated in the lease).
As a first concern, all leases should be in writing, even if the law does not require it. North Carolina's Statute of Frauds only requires that leases exceeding three years from the making need be in writing.
A note about lease terms According to North Carolina G.S. § 47-18, a tenant who is leasing space for a term of more than three years should ensure that a memorandum of lease be executed and recorded in the office of the register of deeds in the county where the property is located.
In England, your landlord must give you at least 2 months' notice.
Landlords cannot force tenants out of their homes without going to court, for instance, by changing the locks, turning off utilities or removing the doors. Landlords may send tenants ?eviction notices? warning tenants that they plan to file for eviction unless the tenant moves out first.