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Free North Carolina Military
Clause (SCRA) Template

The addendum is signed by the same parties as the lease it attaches to.

Last reviewed September 2026

Written by LawLease Editorial

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North Carolina Military Clause (SCRA)

This Military Clause (SCRA) is built with North Carolina as the governing state. These are the North Carolina landlord-tenant rules that most often bear on it, with the statute for each.

North Carolina rules at a glance

North Carolina rules for a Military Clause (SCRA)
Domestic violenceA tenant who is a protected victim of domestic violence, sexual assault or stalking may end the lease with 30 days’ written notice, a qualifying court order or Address Confidentiality Program card, and a safety plan; only prorated rent is owed (§42-45.1).
MilitaryServicemembers can end a lease early under the federal Servicemembers Civil Relief Act (50 U.S.C. §3955). North Carolina’s own statute covers military technicians with permanent change-of-station orders 50+ miles away, a 90-day-plus deployment, or a premature discharge; liquidated damages are limited to one month’s rent (under six months completed) or half a month’s (six to nine months) (§42-45).
Month-to-month termination7 days’ noticeN.C.G.S. §42-14
Early termination rightsThe military and domestic-violence termination rights can’t be waived or modified by the lease (§§42-45, 42-45.1).

Ending a North Carolina tenancy

North Carolina’s notice periods are much shorter than most states’ — a common trap for landlords using out-of-state templates that assume 30 days.

Notice to quit for a North Carolina tenancy with no fixed end date (§42-14)
Week-to-week2 days
Month-to-month7 days
Year-to-year1 month before the end of the current year
Manufactured-home space only60 days before the end of the rental period
  • Nonpayment — Unless the lease provides otherwise, the term is forfeited only if the tenant fails to pay within 10 days after the landlord demands all past-due rent (§42-3). The landlord then files for summary ejectment before a magistrate.
  • Domestic violence — A tenant who is a protected victim of domestic violence, sexual assault or stalking may end the lease with 30 days’ written notice, a qualifying court order or Address Confidentiality Program card, and a safety plan; only prorated rent is owed (§42-45.1).
  • Military — Servicemembers can end a lease early under the federal Servicemembers Civil Relief Act (50 U.S.C. §3955). North Carolina’s own statute covers military technicians with permanent change-of-station orders 50+ miles away, a 90-day-plus deployment, or a premature discharge; liquidated damages are limited to one month’s rent (under six months completed) or half a month’s (six to nine months) (§42-45).
  • No self-help — A residential tenant may be removed only through the court process in Chapter 42 — not by lockout or utility shutoff (§42-25.6).

Tenant protections you can’t waive

  • No waiver of repair duties — A tenant’s acceptance of the unit’s condition doesn’t release the landlord from its fitness duties; the tenant can take on specific work only under a separate written contract supported by consideration other than the rental itself (§42-42(b)).
  • No retaliation — A tenant may defend an eviction by showing it was substantially in response to a good-faith repair request, a code complaint, an attempt to enforce lease rights, or tenant organizing within the prior 12 months; any tenant waiver of this protection is void (§§42-37.1, 42-37.3).
  • No self-help eviction — Removal only through summary ejectment or the other court procedures in Chapter 42, and contrary lease provisions are void (§§42-25.6, 42-25.8).
  • Early termination rights — The military and domestic-violence termination rights can’t be waived or modified by the lease (§§42-45, 42-45.1).
  • Fee caps — Late fees and eviction-related fees are limited to the amounts §42-46 permits.

North Carolina Military Clause (SCRA) FAQs

How much notice to end a month-to-month lease in North Carolina?

Seven days — not 30. Week-to-week tenancies need two days, year-to-year tenancies one month, and a manufactured-home lot 60 days (N.C.G.S. §42-14).

More North Carolina landlord documents

Military Clause (SCRA) in other states

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