 monthly residential lease (by Rodney Gardner [NC]) Jun 24, 2009 2:16 PM
 monthly residential lease (by Nancy [IN]) Jun 24, 2009 3:08 PM
monthly residential lease (by tyler [NC]) Jun 24, 2009 3:18 PM
monthly residential lease (by Rodney Gardner [NC]) Jun 25, 2009 6:48 PM
monthly residential lease (by Rodney Gardner [NC]) Posted on: Jun 24, 2009 2:16 PM
Message:
State Specific Question About: NORTH CAROLINA (NC)
Am using month-to-month residential lease. I confused about to 7 and 10 days mentioned in the laws about termination.
1) Lease states due on 1st, delinquent after 5th: is this OK
2) What day of the month is justified to send termination notice for non-payment
3) If termination notice was sent on the correct day, must a court action be filed to take possession? If so, on what day of the month?
4) If termination notice was sent on the correct day, can lessee enter property and remove tenant? If so, what day of the month? --167.138.xxx.xx |
monthly residential lease (by Nancy [IN]) Posted on: Jun 24, 2009 3:08 PM
Message:
You are using a month to month Rental Agreement, not a Lease.
You will need to check your state law for the definitive answer, although some NC landlords may answer you. Certain states have various time periods, although in my state, I am not bound by any limitation so my Lease (I don't use MTM's)does not give any grace period at all. Rent is late on the 2nd and I could file on that date.
Yes, if you are not paid, you must follow the court process for eviction and possession. You can't just go remove the tenant or his stuff (unless you are in TX, I think - or maybe that was just in the OLD west!). --65.55.xx.xxx |
monthly residential lease (by tyler [NC]) Posted on: Jun 24, 2009 3:18 PM
Message:
1. yes, rent due on 1st late after the 5th.
2. If you do not have lease waiving notice, then you issues a "10 day Pay or Quit Notice" on the 6th at the earliest.
3. On the 11th day of mailing a 10 Day Pay or Quit Notice you may file for summary ejectment with the County Courts -this is the earliest you can file it. Yes, you must get legal court eviction if resident will not move out.
4. you cannot do whats called a 'self-help' eviction by removing the tenant yourself legally. you could persuade them that it would be in there best interest though.
why don't you give more info. what city/county are you in? whats the situation on the tenant. --75.181.xxx.xxx |
monthly residential lease (by Rodney Gardner [NC]) Posted on: Jun 25, 2009 6:48 PM
Message:
Thanks Tyler (NC), Unit is in Charlotte NC , Meck county. The lease does stipulate that they waive the 10 days right.
I'm trying to understand the process for a month-to-month rental when the tenant has not paid by the late date.
I was reading the eviction laws on MR Landlord and saw (see below) a statement that made me wonder if I could take possession without going to court:
§ 423. Term forfeited for nonpayment of rent.
In all verbal or written leases of real property of any kind in which is fixed a definite time for the payment of the rent reserved therein, there shall be implied a forfeiture of the term upon failure to pay the rent within 10 days after a demand is made by the lessor or his agent on said lessee for all pastdue rent, and the lessor may forthwith enter and dispossess the tenant without having declared such forfeiture or reserved the right of reentry in the lease. (1919, c. 34; C.S., s. 2343; 2001502, s. 2; 2004143, s. 1.)
--69.132.xx.xxx |
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