Nc Tenant Rights To Withhold Rent

State:
North Carolina
Control #:
NC-EVIC-PKG
Format:
Word; 
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PDF
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Description

This package contains the essential state-specific forms a landlord needs to evict a tenant. If you need to get rid of an unwanted tenant, this money-saving package ensures that you follow the rules of your state. Included in this package are the following forms:


10 Day Notice to Pay Rent or Lease Terminates for Residential Property - This form is used by a landlord to demand payment of overdue rent from a residential tenant within 10 days from giving the notice, in accordance with the laws of your state. (Note: If a written agreement provides for a longer notice, use the notice length stated in the agreement). "Residential" includes a house, apartment, or condo. If the tenant fails to pay within 10 days, the lease may be considered terminated by the landlord. The tenant is informed that the tenant must either pay the rent or suffer possible termination. If he does not pay, the landlord may begin eviction proceedings. If the Landlord does not elect to proceed with termination or eviction, but instead agrees to accept rent after the termination date stated in the notice, the lease is generally reinstated.



30 Day Notice to Terminate Year to Year Lease - Residential - Notice Prior to End of Term - This form is for use by a Landlord to terminate a year-to-year residential lease. "Residential" includes houses, apartments, and condos. Unless a written agreement provides otherwise, the landlord does not have to have a reason for terminating the Lease in this manner, other than a desire to end the lease. A year-to-year lease is one which continues from year-to-year unless either party chooses to terminate. Unless a written agreement provides for a longer notice, 30 days notice is required prior to termination. The notice must be given to the tenant at least 30 days prior to the end of the current lease year. The form indicates that the landlord has chosen to terminate the lease, and states that the lease will terminate at the close of the current lease year, by which the tenant must vacate the premises.



7 Day Notice to Terminate Month to Month Lease – Residential - This form is for use by a landlord to terminate a month-to-month residential lease. "Residential" includes a house, apartment, or condo. Unless a written agreement provides otherwise, the landlord does not have to have a reason for terminating the lease in this manner, other than a desire to end the lease. A month-to-month lease is one which continues from month-to-month unless either party chooses to terminate. Unless a written agreement provides for a longer notice, 7 days notice is required prior to termination in this state. The notice must be given to the tenant within at least 7 days prior to the termination date. The form indicates that the landlord has chosen to terminate the lease, and states the deadline date by which the tenant must vacate the premises.



7 Day Notice to Terminate Month to Month Lease – Nonresidential - This form is for use by a Landlord to terminate a month-to-month non-residential lease. "Non-Residential" includes commercial and industrial property. Unless a written agreement provides otherwise, the Landlord does not have to have a reason for terminating the lease in this manner, other than a desire to end the lease. A month-to-month lease is one which continues from month-to-month unless either party chooses to terminate. Unless a written agreement provides for a longer notice, 7 days notice is required prior to termination in this state. The notice must be given to the Tenant within at least 7 days prior to the termination date. The form indicates that the landlord has chosen to terminate the lease, and states the deadline date by which the tenant must vacate the premises.



10 Day Notice to Pay Rent or Lease Terminates for Nonresidential or Commercial Property - This form is used to relay to the tenant that he/she have 10 days to pay all rent due, or the lease terminates.



30 Day Notice to Terminate Year to Year Lease – Nonresidential - This form is for use by a landlord to terminate a year-to-year non-residential lease. "Non-Residential" includes commercial, industrial, etc. property. Unless a written agreement provides otherwise, the Landlord does not have to have a reason for terminating the lease in this manner, other than a desire to end the lease. A year-to-year lease is one which continues from year-to-year unless either party chooses to terminate. Unless a written agreement provides for a longer notice, 30 days notice is required prior to termination. The notice must be given to the tenant within at least 30 days prior to the end of the current lease year. The form indicates that the landlord has chosen to terminate the lease, and states that the lease will terminate at the close of the current lease year, by which the tenant must vacate the premises.



Complaint in Summary Ejectment - This form is used by a landlord to begin an eviction case against an unwanted tenant.



Writ Of Possession Real Property - This form is used to request that the court order the sheriff to evict the tenant and return possession of the premises to the landlord.



Judgment in Action for Summary Ejectment - This is signed by the judge after making a ruling in an eviction case.



Judgment in Action for Summary Ejectment Criminal Activity - This is signed by the judge after making a ruling in an eviction case involving criminal activity by a tenant.

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  • Preview North Carolina Landlord Tenant Eviction / Unlawful Detainer Forms Package
  • Preview North Carolina Landlord Tenant Eviction / Unlawful Detainer Forms Package
  • Preview North Carolina Landlord Tenant Eviction / Unlawful Detainer Forms Package
  • Preview North Carolina Landlord Tenant Eviction / Unlawful Detainer Forms Package
  • Preview North Carolina Landlord Tenant Eviction / Unlawful Detainer Forms Package

How to fill out North Carolina Landlord Tenant Eviction / Unlawful Detainer Forms Package?

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FAQ

Tenant Rights to Withhold Rent in North Carolina Tenants may withhold rent or exercise the right to ?repair and deduct? if a landlord fails to take care of important repairs, such as a broken heater. For specifics, see North Carolina Tenant Rights to Withhold Rent or ?Repair and Deduct?.

A landlord may refuse to accept rent if they are trying to evict you.

Keep in mind that North Carolina tenants have the right to withhold rent payments if the landlord fails to make the repairs after receiving notice. However, this can only occur under two circumstances: The landlord has given written consent. A judge or civil magistrate allows it through a court order.

If possible, you should try to give your notice to the landlord in writing. If your notice of repairs is in writing you can keep a record of the date you made the request. If the landlord refuses to make repairs and you have to go to court, then you can show that the landlord knew of the defects in your house.

North Carolina law specifically states that ?[t]he tenant may not unilaterally withhold rent prior to a judicial determination of a right to do so.? What this means is that, unless you have a written agreement with your landlord or an order from the Court stating that you may withhold a certain dollar amount from your ...

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Nc Tenant Rights To Withhold Rent