Q: Can landlord enforce lease for full term if we buy a home?
I recently found a home to purchase and informed my landlord on March 25, 2025, through text and verbal conversations, followed by an official notice on March 30, 2025, about my intent to terminate my lease early. The lease, which ends on December 31, 2025, lacks an early termination clause but states an 'improper' termination results in forfeiting the security deposit. The landlord initially seemed open to discussing options and had potential renters and his real estate agent view the home. However, he has now stated, based on his attorney's advice, that he intends to hold us to the lease for its full term despite our willingness to forfeit the security deposit. Can the landlord legally enforce the lease for the remaining term under these circumstances?
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A:
That’s a stressful situation, especially when you're trying to move forward with something as significant as buying a home. In North Carolina, unless your lease includes a specific early termination clause or a buyout option, your landlord does have the right to enforce the lease through its full term. Even if you're willing to forfeit your security deposit, that doesn’t automatically release you from the obligation to continue paying rent.
However, landlords also have a legal duty to mitigate damages, meaning they are required to make a reasonable effort to re-rent the property if you move out early. The fact that he showed the property to potential renters and had a real estate agent involved could support that he was taking steps to mitigate, but now refusing to continue that effort may work against him if he tries to collect the full remaining rent. If he re-rents the property, he cannot collect double rent for the same period and must credit you for the time the unit is reoccupied.
You may want to send a written follow-up outlining your willingness to cooperate, including forfeiting the deposit and assisting with finding a new tenant. If it becomes a legal matter later, showing that you acted in good faith could help. You’re not trying to walk away from responsibility—you’re trying to work with him in a fair and reasonable way.
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