North Carolina Notice of Default on Residential Lease

State:
North Carolina
Control #:
NC-829LT
Format:
Word; 
Rich Text
Instant download

Description

Notice of Default on Residential Lease with Specific Reasons for Default, with Deadline Date to Cure. This notice is pursuant to applicable law. Should the tenant fail or refuse to cure the default as outlined, the landlord may issue a Notice of Termination of Lease Agreement and evict the tenant, and/or take such other action as allowed by law.


In landlord-tenant law, default refers to the failure of a tenant to timely pay rent due. In anticipation of such an occurence, landlords commonly require a new tenant to pay a security deposit, which may be used to remedy defaults in payment of rent and other monetary obligations under the rental agreement. In general, the landlord is required to give the tenant notice of the default before bringing eviction proceedings or applying security deposit proceeds to the payment in default. The fixing of a definite default date for payment of rent can be critical if it becomes necessary to evict a tenant for a default in the payment of rent. Landlords often require a background and/or reference check on prospective tenants in an attempt to minimize defaults in rent payments.

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FAQ

In short, nothing in the CARES Act or Governor Cooper's Order prohibits evictions for reasons other than late payment or nonpayment of rent, such as evictions related to health, safety, or criminal activity. These types of evictions by a landlord would not violate the Order.

Dear (Name of landlord or manager), This letter constitutes my written (number of days' notice that you need to give based on your lease agreement)-day notice that I will be moving out of my apartment on (date), the end of my current lease. I am leaving because (new job, rent increase, etc.)

Decide Why The Tenant Needs To Be Evicted. Send Notice To The Tenant. Wait For The Notice Period To Pass. File For Eviction. Go To The Court Hearing. Give Writ Of Possession To Local Law Enforcement. Get Your Property Back!

In North Carolina, nonpayment of rent is the most common ground for eviction. In this case, you are required to give the tenant a 10-day "notice to quit." The notice informs the tenant that they need to pay the rent due within 10 days. Otherwise, they will be evicted.

Explain the Situation Tell your tenant in straightforward terms what the problem is, and explain that they cannot stay on the property any longer. Describe the Consequences Calmly explain that they will be evicted with necessary court orders if they remain on the property.

North Carolina law says that your landlord must keep your housing fit and safe. It also says that you, the tenant, must pay your rent, keep your home clean, and not damage your home. To make the law work, both the tenant and the landlord must do their part.

Notice Requirements for North Carolina Landlords A landlord can simply give you a written notice to move, allowing you seven days as required by North Carolina law and specifying the date on which your tenancy will end.

In landlord-tenant law, default refers to the failure of a tenant to timely pay rent due.In general, the landlord is required to give the tenant notice of the default before bringing eviction proceedings or applying security deposit proceeds to the payment in default.

Be in writing; Say the full name of the tenant or tenants; Have the address of the rental property; Say everything that the tenant did to break the lease or deserve a 3-day notice to leave, and include details and dates; and. Say clearly that the tenant has to move out as soon as the 3 days are up.

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North Carolina Notice of Default on Residential Lease