10 day pay or quit (by GR8 [NC]) Mar 21, 2010 7:21 AM
10 day pay or quit (by Lori [NV]) Mar 21, 2010 7:31 AM
10 day pay or quit (by Honey [FL]) Mar 21, 2010 8:18 AM
10 day pay or quit (by GR8 [NC]) Mar 21, 2010 8:51 AM
10 day pay or quit (by tyler [NC]) Mar 21, 2010 11:15 AM
10 day pay or quit (by GR8 [NC]) Mar 21, 2010 4:07 PM
10 day pay or quit (by tyler [NC]) Mar 21, 2010 6:27 PM
10 day pay or quit (by GR8 [NC]) Mar 23, 2010 4:43 AM
10 day pay or quit (by GR8 [NC]) Posted on: Mar 21, 2010 7:21 AM Message:
State Specific Question About: NORTH CAROLINA (NC)
I am working on my lease and I would like to add a waiver of the ten day pay or quit notice. Any comments about doing this or wording from someone using this waiver would be greatly apprieciated!
In the state of N.C. rent is considered late after the 5th and then a ten day pay or quit notice must be sent. Only then can you file for an eviction. It was suggested on a previous post that the need for the ten day could be waived.
The wording on leases that I have seen this in are unclear and even site the wrong statute. (If I’m reading the statutes correctly N.C. Gen. Stat. 42-3)
Has anyone used this waiver successfully in Guilford County?
Can a ten day run concurrently with the first five days required by N.C.? e.g. send 10 day on the 2nd.
My policy is to continue sending the ten day on the 6th. (earlier would be nice i.e. the 2nd.) and file for all evictions on the 16th. My hope by waiving the ten day would be to streamline my filing process (always filing on the 16th.) and to remove the possibility of a procedural technicality being used as a defense.
I have other questions as well but as usual I see I am running long…..LOL! Thanks!
--174.98.xxx.xxx |
10 day pay or quit (by Lori [NV]) Posted on: Mar 21, 2010 7:31 AM Message:
Maybe others will have more clarity about this but I don't see how you can "waive" a state statue. I mean you can put it in your lease but in the end the law would be upheld in court. That would be my thoughts. --74.45.xx.xxx |
10 day pay or quit (by Honey [FL]) Posted on: Mar 21, 2010 8:18 AM Message:
If your lease shows rent is due on the 1st, you can post the pay or quit on the 2nd allowing you to file eviction on the 13th. Most residents do not comprehend the grace period well, they think that the rent is actually due on the 5th since the the 5th is where the late fees begin to assess.
LL laws vary too much from my state to your state. I can file eviction on the 6th and post 3 day notice on the 2nd. Please note that holidays and weekends do not count in the 3 days to pay or quit. --71.203.xxx.xxx |
10 day pay or quit (by GR8 [NC]) Posted on: Mar 21, 2010 8:51 AM Message:
Hey Lori,
That is definitely one of my concerns. I am only considering the waiver of the ten day as an option because it was suggested on a previous post that I could (I hope it’s true). I have spent most of the morning researching this possibility but I am having trouble finding examples. Thanks again for the response.
--174.98.xxx.xxx |
10 day pay or quit (by tyler [NC]) Posted on: Mar 21, 2010 11:15 AM Message:
i'm the one that told you it can be done. now i will say i don't evict in your county; however, "the lease waives notice clause" is in the NC Realtors Associations and Bar (attorney) Association.... it's there for a reason.
i'm for keeping things simple and would suggest you just use either of these leases; however, put what you have in the lease in bold and have tenants initial -you should be fine. --75.181.xxx.xxx |
10 day pay or quit (by GR8 [NC]) Posted on: Mar 21, 2010 4:07 PM Message:
Thanks Tyler,
You have always been a great help! (I am pretty sure you were the one that helped me with my first eviction years ago………… Charlotte/Mecklenburg?)
I have been plodding through with this painful hobby for years and have finally made the commitment to make this a consistent, repeatable business system and turn it into a full time gig.
Do you know if even if I keep using the ten day pay or quit, can it be sent on the second or do I have to wait until the 6th? My books and the University of Google don’t seem to address this.
Thanks for your thoughts.
--174.98.xxx.xxx |
10 day pay or quit (by tyler [NC]) Posted on: Mar 21, 2010 6:27 PM Message:
your welcome and yes..., i'm in charlotte/meck... have a blog at charlottereblog... just add www's and com were needed.
I've not personally tried it..., however after another brought it up (joe(nc)?) i believe it will fly. i've looked at the statute and see no reason not to do..
if i were you go ahead and mail out the 2nd if thats your goal. --75.181.xxx.xxx |
10 day pay or quit (by GR8 [NC]) Posted on: Mar 23, 2010 4:43 AM Message:
Thanks to all! --70.43.xx.xxx |
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