North Carolina Default Remedy Clause

State:
Multi-State
Control #:
US-OL14031
Format:
Word; 
PDF
Instant download

Description

This office lease form is a standard default remedy clause, providing for the collection of the difference between the rent due and owing under the lease and the rents collected in the event of mitigation.

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FAQ

Time Period: 3 years (after breach) N.C. GEN. STAT.

Short answer: North Carolina doesn't allow local governments to limit how much private landlords can charge for rent. Some economists believe rent control policies are misguided, and the state's preemptive ban, passed in 1987, has largely chilled discussions on the topic over the past 30 years.

Is North Carolina Landlord-Friendly? Yes, North Carolina is landlord-friendly, especially given that evictions can be immediate in certain circumstances, and no notice is required to enter the property.

The cost of the option consideration is typically around 3 percent of the home's purchase price. Aside from this cost, the lessee will have to pay rent to the landlord to live in the home, and if the lessee chooses to purchase the home, the regular mortgage costs associated with a home purchase will apply.

North Carolina General Statutes 47G-1 through 47G-7 govern the rent-to-own, or ?option contract? law. There are minimum contract requirements that must be present before the rent-to-own lease agreement is considered valid.

This type of agreement is governed by North Carolina General Statute Chapter 47H, entitled Contracts for Deed, if the property being purchased will be used as the principal dwelling of the purchaser, and there are five or more installment payments exclusive of the down payment.

We will explore this topic in more detail below, but in general, your duty to mitigate damages is to act reasonably to avoid or reduce the consequences of the accident. This is known in North Carolina as the Doctrine of Avoidable Consequences.

North Carolina law says that your landlord must keep your housing fit and safe. It also says that you, the tenant, must pay your rent, keep your home clean, and not damage your home. To make the law work, both the tenant and the landlord must do their part.

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North Carolina Default Remedy Clause