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.
Title: Navigating North Carolina Tenant Eviction without Tenancy Agreement Introduction: When it comes to tenant eviction in North Carolina (NC), having a legally binding tenancy agreement is crucial. However, in situations where no written agreement exists, understanding the processes and potential complications associated with eviction is essential. This article aims to provide a detailed description of eviction without a tenancy agreement in NC, highlighting different types and important keywords associated with the subject. Keywords: NC tenant eviction, eviction without tenancy agreement, no lease eviction, tenant rights, landlord obligations 1. Importance of a Tenancy Agreement: A tenancy agreement acts as a legal document that outlines the rights and responsibilities of both tenants and landlords. It sets the terms of the tenancy, such as rent amount, duration, and maintenance obligations. While having a written agreement is ideal, situations can arise where evictions need to be handled without such a document. 2. Types of NC Tenant Eviction without Tenancy Agreement: a. Verbal Tenancy: Verbal tenancy occurs when the tenant and landlord agree to lease the property without a written contract. Although not explicitly recommended, it is still a legally binding agreement in North Carolina. In case of eviction, certain steps need to be followed. b. Month-to-Month Tenancy: In the absence of a written agreement, a month-to-month tenancy can be established if the tenant pays rent and the landlord accepts it. These tenancies are governed under NC's general landlord-tenant laws, regardless of the lack of a formal contract. c. Implied Tenancy: When a tenant occupies a property without a written agreement but makes rent payments or fulfills other obligations, an implied tenancy may be formed. It is important to note that even in the absence of a formal lease, tenants still have rights, and eviction must be carried out legally. 3. The Eviction Process without a Tenancy Agreement: a. Written Notice: To initiate the eviction process without a tenancy agreement, landlords must provide a written notice of termination to the tenant. The notice period depends on the type of tenancy in question, such as 7 days for verbal tenancy or 30 days for month-to-month tenancy. b. File for Summary Enactment: If the tenant fails to vacate the property within the specified notice period, the landlord must file for a Summary Enactment, a legal proceeding to regain possession of their property. This involves filing a complaint in court and attending a hearing. c. Court Order and Writ of Possession: If the court rules in favor of the landlord, a court order for eviction, followed by a Writ of Possession, is issued. The Writ of Possession empowers the sheriff or constable to remove the tenant from the premises. Conclusion: While the lack of a tenancy agreement in North Carolina can complicate the eviction process, it is important for both landlords and tenants to understand their legal rights and obligations in such situations. Whether it is a verbal tenancy, month-to-month tenancy, or an implied tenancy, following the proper eviction procedures is crucial for a smooth and lawful resolution.
