Blank notice period on lease's early termination clause—can landlord enforce 60-day notice?

Question

I have a lease agreement with a separate clause for early termination, but the section for the notice period is left blank. My landlord insists that I must provide 60 days notice to terminate the lease early, referencing a different clause requiring 60 days for renewal. However, I believe the blank section means I am not obligated to provide any notice period for early termination. Does my claim have legal merit?

James L. Arrasmith · Answer

That’s a fair concern, especially when the lease language seems incomplete and unclear. In North Carolina, lease agreements are generally interpreted according to their plain language. If the early termination clause specifically requires notice but leaves the number of days blank, it may be considered ambiguous or unenforceable as written. A court might interpret that in your favor, especially if the landlord is trying to apply a different clause—like the renewal notice—as a substitute for the missing language. 
 
Your landlord’s attempt to enforce a 60-day notice based on a separate section might not hold up if that section clearly applies only to lease renewal, not early termination. Without a stated notice period, you could argue that no firm requirement was agreed upon, and you’ve acted reasonably in choosing your own timeframe. The burden could fall on the landlord for failing to fill out the lease properly. 
 
Still, courts often favor reasonable notice, so providing some advance notice—even if not 60 days—may protect you from claims of bad faith. Document your communication with the landlord and keep a copy of the lease showing the blank space. You’re asking the right questions, and it’s okay to push back when something doesn’t match what was actually agreed upon.

Q: Blank notice period on lease's early termination clause—can landlord enforce 60-day notice?