North Carolina Complaint for Unlawful Detainer - Tenant Holding Over After Expiration of Term

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US-03329BG
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Description

A forcible entry is an entry on real property in the peaceful possession of another, against the occupant's will, without legal authority, with actual or threatened force. Forcible detainer arises after entry, whether forcible or not, and usually consists of the unlawful holding of real property by force or by threats or menaces after a peaceable entry -- as in the case of a hold-over tenant.


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

For month-to-month leases, there must be seven days of notice. For year-to-year leases or those with other definite terms, landlords must notify the tenant, or vice versa, within a month of the end of the lease. On leases lasting between one week and one month, notice must be given at least two days in advance.

A holdover case is brought to evict a tenant or a person in the apartment who is not a tenant for reasons other than simple nonpayment of rent. A holdover case is much more complicated than a nonpayment case. A holdover proceeding can have many variations.

§ 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.

Evictions typically stay on your public record for up to seven years, but they usually won't show up on your credit reports or directly affect your credit.

The North Carolina Office of Administrative Hearings and the Fair Housing Act prohibit landlords from discriminating against potential tenants because of their race, religion, familial status, sex, gender, etc.

For example, if a landlord successfully proves their case in court and obtains a judgment for possession, they can legally regain control of the property. The court may also award the landlord compensation for any unpaid rent or other damages incurred during the eviction process.

Non-renewal of lease after the end of the rental period 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 you are evicting tenant for staying past the end of their lease (a ?holdover? tenant), then you must give the tenant different types of notice depending on their specific lease agreement: if it was a monthly rent payment, then you must give a seven (7) day notice; if it was yearly payment of rent, then you must give ...

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North Carolina Complaint for Unlawful Detainer - Tenant Holding Over After Expiration of Term