North Carolina Complaint or Petition to Recover Possession of Premises from a Tenant at Will After Statutory Notice to Quit - Past Due Rent

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US-00882BG
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A tenant at will is a tenant who has the landlord's permission to stay on the property past the expiration of the rental agreement. Also, a tenant who occupies rental property with the landlord's consent and makes rent payments without a written lease is called a tenant-at-will. This form is a generic pleading that may be referred to when preparing a complaint or petition to recover possession of premises from a tenant-at-will after the tenant has been give the statutory notice to quit the premises.

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FAQ

In the event you receive a notice of a writ of execution, you should immediately contact an attorney , such as Duncan Law at 704-297-4000, to get legal advice as to what steps are needed to protect your property. chapter 7 or chapter 13 bankruptcy may be an option for you to stop the writ of execution.

The 10-Day Notice to Quit in North Carolina is a legal document the property owner serves to the tenant in an attempt to fix a lease violation or non-payment of rent. It's essential to observe the practice of serving proper notices to avoid prolonging the eviction procedure more than necessary.

Yes. Even if a tenant misses a court date or loses in small claim court, the tenant may appeal the eviction order. Tenants who file an appeal will get a new trial in district court in front of a different judge.

Yes. Even if a tenant misses a court date or loses in small claim court, the tenant may appeal the eviction order. Tenants who file an appeal will get a new trial in district court in front of a different judge.

Simply put, the Motion to Stay the Writ of Possession is a document filed with the court asking the judge to ?stay? or ?stop? the sheriff from executing the Writ of Possession and removing the resident. It can be a typed or handwritten document filed by the resident or the resident's attorney if one is retained.

Once the 10 days have passed, the landlord can return to court and ask the clerk for an order called a ?Writ of Possession,? which allows the sheriffs to padlock the home. The sheriff's office must then remove the tenant within 5 days.

During the seven-day period after being placed in lawful possession by execution of a writ of possession, a landlord may move for storage purposes, but shall not throw away, dispose of, or sell any items of personal property remaining on the premises unless otherwise provided for in this Chapter.

North Carolina laws dictate that a tenant must vacate the property within 5 days once the Writ of Possession is posted or delivered to the sheriff's office. This, along with the 10 days before the Writ is issued allows the tenant a maximum of 15 days to appeal the ruling and vacate the property.

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North Carolina Complaint or Petition to Recover Possession of Premises from a Tenant at Will After Statutory Notice to Quit - Past Due Rent