NC Pay or Quit

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NC Pay or Quit (by Carroll [NC]) May 1, 2013 3:45 AM

NC Pay or Quit (by WMH [NC]) May 1, 2013 6:07 AM

NC Pay or Quit (by AL [SC]) May 1, 2013 6:09 AM

NC Pay or Quit (by Moshe [CA]) May 1, 2013 9:34 AM

NC Pay or Quit (by V [OH]) May 1, 2013 3:53 PM

NC Pay or Quit (by Carroll [NC]) Posted on: May 1, 2013 3:45 AM
Message:

I have property in NC the lease started on the 7th of the month but the tenants have not paid on time ever and pay payments in the rears. I have not charged late fees because they just don't have it. they were supposed to of Move out 1st of April still in the house they have not sent any money in over a week.

I told them verbally and via text message the lease was broken and if they wanted to stay rent was due on the 1st. they owe me 310 for April and today is the 1st.

Can I send them a pay or quit notice now or do I have to wait till the date in the lease or is my verbal/text message changing date to 1st good? I live in Virginia and am not able to commute there to check on them.

--138.162.x.xx

NC Pay or Quit (by WMH [NC]) Posted on: May 1, 2013 6:07 AM
Message:

What does your lease say?

Does it say if they 'fail to pay rent' you can demand the house back? If so, it's time to file for a summary ejectment.

You will have to travel to the county courthouse where the house is to file the papers, as they do not take credit cards over the phone - only cash or certified checks. --50.82.xxx.xxx

NC Pay or Quit (by AL [SC]) Posted on: May 1, 2013 6:09 AM
Message:

What does your lease say? Is this Charlotte? You give them notice based on your lease language. If your lease doesn't waive the 10 day notice, then you wait until the 11th day to file. If it does, you can file immediately without notice b/c of the lease langugage. Since they haven't paid in full in APrii, I would just go file the eviction paperwork. THe longer you wait, the more they will owe you and the more difficult it will to get them out. If they are going to pay, the eviction may urge them to do so, if not, you are that much more ahead of the game. Don't wait. In Charlotte, it takes about 15 days to get a notice, then the court date comes, then you must wait 10 more days for them to file an appeal, then if no appeal filed, you can file for a writ of possession on the 11th day, then they get 10 more days... Get the picture, the longer you wait, you could be without rent well into June. I visit Charlotte often and can assist you if needed. Thanks --24.158.xx.xxx

NC Pay or Quit (by Moshe [CA]) Posted on: May 1, 2013 9:34 AM
Message:

I don't know anything about NC, but I believe that the following is true:

1. If you have a lease, oral or written, and both parties have begun to perform on it, then you cannot simply "tell them verbally and via text message the lease was broken".

You can rescind the agreement (you can't actually do that, but you can declare it to be so, but only the court can rescind the agreement).

You can notify them that they are (in your opinion) in default of the agreement, but only the court can declare a default. Only the court can declare the lease to be forfeit, and you would probably need specific language in your notice to get even that.

I would suggest that you get a (Virginia) lawyer to take care of this for you.

You probably need to follow the law about serving any such notices.

2. "I told them if they wanted to stay rent was due on the 1st". I thought that you told them that the lease was broken.

3. "Can I send them a pay or quit notice now?" You already gave them a notice that the lease was broken. So now, there is no agreement at all between you. On what basis would you send them any kind of demand, such as pay (pay what? no lease, what do they owe you?) or quit.

4. "is my verbal/text message changing date to 1st good?"

Not really. First, you need to make any notice properly served. Then, be careful what notice you give. Further, do you have the right (either before or after dissolving the lease) to change the agreement unilaterally?

--96.247.xx.xx

NC Pay or Quit (by V [OH]) Posted on: May 1, 2013 3:53 PM
Message:

This sounds like you need to study up on your local tenant law and follow thru with the state laws, best to pay a lawyer now as you are in the Sahara desert with a dead battery and 2 flat tires. --75.94.xxx.xxx

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NC Pay or Quit

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