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In North Carolina, the rental laws specify that if breaking the lease is justified, you only need to provide your landlord with a notice of your intent. Although when not justified, you may be liable for paying all the rent due for the remaining lease term.
The takeaway: Landlord-tenant laws favor North Carolina landlords. The price of entry is low, as are property taxes.
The Bottom Line: North Carolina property law does not specifically prohibit nor permit subletting, so what your lease reads matters. If your lease says no sublets, then that means no sublets. You should always obtain written approval from your landlord just to be on the safe side.
A sublease can be for less than all of the leased premises, while an assignment that transfers the entire lease must be for all of the premises. A sublease is a more involved transaction, as it requires a full sublease document between the commercial tenant as sublessor and the sublessee.
In most cases, subletting is legal if the tenant obtains the landlords permission to let out the rental property. However, if the tenant sublets without written permission, they could come into legal difficulties.
The act must have occurred within three to six months prior to your decision to break the lease. In this case, you must serve the landlord a 30-day notice to break the lease. In North Carolina, you will only be responsible for paying rent up until then.
In most cases, subletting isn't allowed or may be allowed subject to the landlord's consent. You cannot lawfully sublet all of your home. If you do, you lose your status as an introductory tenant and your landlord can evict you.
A landlord can't force you to move out before the lease ends, unless you fail to pay the rent or violate another significant term, such as repeatedly throwing large and noisy parties. In these cases, landlords in North Carolina must follow specific procedures to end the tenancy.
Unless the lease prohibits subleasing, a landlord may not unreasonably withhold permission to sublet. In North Carolina, subleasing is only allowed if the landlord consents.