North Carolina Notice of Landlord's Lien and of Sale

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Multi-State
Control #:
US-01020BG
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Word; 
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Description

A landlord's lien is a lien on a tenant's property for the satisfaction of unpaid rent or property damage. There are three types of liens: common-law liens, equitable liens, and statutory liens. A common-law lien gives a lienholder the right to retain possession of the property until the owner of the property satisfies the debt owed the lienholder. Statutory liens frequently expand the rights of the lienholder by modifying common-law liens or by creating new liens that did not exist at common law.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Notice Requirements for North Carolina Tenants You must provide the same amount of notice (seven days) as the landlord. Be sure to check your rental agreement which may require that your notice to end the tenancy be given on the first of the month or on another specific date.

Landlords can terminate periodic tenancies by giving 90 days' notice where: Selling a Property: Selling a Tenanted Property A landlord can sell a tenanted property providing that they notify the tenant as soon as the property goes on the market.

As long as the tenant is paying the rent on time and taking care of the property, you can't ask the tenant to leave without cause. However, if the tenant is late on the rent or not taking good care of the property, you may have a window of opportunity to break the lease if you decide to sell.

A landlord can give a tenant on a periodic tenancy, a 42 days' notice period, if the property is: being sold and the purchasers want vacant possession; or. if the owner or a member of the owner's family is going to be moving into the property; or.

Yes, a landlord can certainly sell his property, even with you living there under a lease. The good news is that the lease doesn't go away. The new owner has to buy the place with you in it.

You can sell your rental property with sitting tenants. However, it's important to remember that your tenants have certain rights. You should always inform sitting tenants of your intention to sell before putting your property on the market and explain your reasons for doing so.

Eviction is a type of court case. 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.

If the reason the landlord wants to evict the tenant is due to nonpayment of rent, the landlord must generally give the tenant a ten-day "notice to quit" before starting the eviction process. (N.C. Gen. Stat. fffd 42-3.)

The minimum notice requirement is 28 days. If you have a monthly tenancy, you will have to give one month's notice. If you pay your rent at longer intervals you have to give notice equivalent to that rental period. For example, if you pay rent every three months, you would have to give three months' notice.

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North Carolina Notice of Landlord's Lien and of Sale