North Carolina Notice to Quit for Breach of Covenant or Condition of Unauthorized Subletting
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How to fill out Notice To Quit For Breach Of Covenant Or Condition Of Unauthorized Subletting?
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FAQ
Possession and breach of covenant claims are breaches by the tenant (usually) or the landlord of their obligations contained in the lease. Tenants' breaches commonly include; failure to pay the rent, sub-letting without permission, carrying out unauthorised alterations, failure to repair or becoming insolvent.
The first step you want to take to evict someone with no lease in NC is to provide the tenant with notice. The amount of notice required will depend on the terms of your prior lease. Unlike the 10 day notice for eviction for non-payment, you will have a different notice requirement for this type of ejectment.
As a landlord, you're not technically liable for nuisance tenants or occupiers of your property. However, you may be liable if you've allowed the tenants to cause the nuisance or if, when renting out your property, you were aware that nuisance was inevitable or almost certainly going to occur.
A tenant has the right to quiet enjoyment of the property without interference by the landlord. This is called the covenant of quiet enjoyment. It exists in every lease.
Unfortunately, while they may not be technically accountable for the actions of their tenants, landlords may ultimately be liable if they allow or tolerate nuisance behavior or if they know that there is a great probability that such problems will occur.
For the landlord to forfeit, the lease must first contain a forfeiture clause. This allows the landlord to terminate the tenancy upon the tenant failing to pay the rent (usually after a period of grace of between 14-28 days) or in the event of any other specified breach of covenant.
There is no longer a CDC nor any state eviction moratorium in effect. After August 26, 2021, your landlord can file a Complaint for Summary Ejectment (often called an eviction) for your failure to pay rent and for any other violation of your lease.
Criminal acts can include conduct such as assault, battery, robbery, murder, rape, drug abuse, and property damage. When a landlord fails to use reasonable care to protect their tenants, they can be held liable for the negligent or intentional criminal conduct of a third party.
In the covenant of quiet enjoyment, the landlord promises that during the term of the tenancy no one will disturb the tenant in the tenant's use and enjoyment of the premises.
But, do landlords have a duty of care to neighbours? In short: yes and no. It's difficult to hold landlords legally responsible for their tenants. Unless, that is, the landlord is deliberately encouraging antisocial behaviour.
