This form is a generic pleading that may be referred to when ousting a tenant who has breached the terms of a lease or rental agreement by a tenant who has stayed (held over) after the term of the lease has expired.
North Carolina Complaint or Petition to Recover Possession of Leased Premises after Expiration of the Term of the Lease
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US-00867BG
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How to fill out Complaint Or Petition To Recover Possession Of Leased Premises After Expiration Of The Term Of The Lease?
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FAQ
§ 42-14. A tenancy from year to year may be terminated by a notice to quit given one month or more before the end of the current year of the tenancy; a tenancy from month to month by a like notice of seven days; a tenancy from week to week, of two days.
Upon the tenant's request prior to the day of sale, the landlord shall release possession of the property to the tenant during regular business hours or at a time agreed upon. The landlord may apply the proceeds of the sale to the unpaid rents, damages, storage fees, and sale costs.
Unconditional quit notice: You will receive this notice because you violated the lease or rental agreement. This notice will state that you must move out of the rental unit immediately or the landlord will file an eviction lawsuit against you (see N.C. Gen. Stat. § 42-26).
As long as the tenant does not violate any rules, they can stay until their rental period ends. However, if the tenant becomes a "holdover" tenant, the summary ejectment may begin after the appropriate notice period.
If your landlord will not accept rent, document your attempt to pay. Keep the money in your account or retain the money order. If there's an issue with a property manager not accepting the rent, contact your landlord to find out why. A landlord may refuse to accept rent if they are trying to evict you.
In North Carolina, an eviction case is called ?summary ejectment.? Landlords can file to legally remove a tenant rented property if the tenant has failed to pay rent, violated the lease agreement, or if other conditions apply.
The first and perhaps simplest ground for summary ejectment is holding over, described in GS 42- 26(1) as occurring ?[w]hen a tenant in possession of real estate holds over after his term has expired.? Today, this allegation simply means that the lease has ended but the tenant remains in possession.
If, in any action brought to recover the possession of demised premises upon a forfeiture for the nonpayment of rent, the tenant, before judgment given in such action, pays or tenders the rent due and the costs of the action, all further proceedings in such action shall cease.