Raleigh North Carolina Notice of Default in Payment of Rent as Warning Prior to Demand to Pay or Terminate for Residential Property

State:
North Carolina
City:
Raleigh
Control #:
NC-1300LT
Format:
Word; 
Rich Text
Instant download

Description

This Notice of Default in Payment of Rent as Warning Prior to Demand to Pay or Terminate for Non-Residential or Commercial Property form is for use by a Landlord to inform Tenant of Tenant's default in the payment of rent as a warning prior to a pay or terminate notice. The form advises the Tenant of the due date of rent and the consequences of late payment. This form may be used where you desire to remind the Tenant of payment terms, the default, demand payment and inform the Tenant that under the laws of this state or lease the Landlord may terminate in rent is not paid timely.
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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.

Rent Default applies when a tenant fails to pay the agreed rent and is in breach of a written, rent agreement or periodic tenancy agreement. Loss of Rent applies when your building or sections of your building suffer loss or damage and are uninhabitable.

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.

If you pay all the rent due and owing within ten days of receiving the notice, then, in North Carolina, the landlord must not proceed with the eviction (see N.C. Gen. Stat. § 42-3). If you are not able to pay the rent within the ten days allowed in the notice, then you should talk to your landlord.

Most contracts have a default provision. The default provision sets forth the conditions under which one of the parties will not have fulfilled its obligations under the contract. For example, failing to deliver goods or services on time, or failing to pay on time would trigger a default.

States set specific rules and procedures for ending a tenancy when a tenant has not paid the rent. North Carolina landlords must give tenants at least ten days in which to pay the rent or move. If the tenant does neither, the landlord can file for eviction.

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.

What is the most common form of landlord default? Failure to provide services and maintain the property condition.

If a tenant is in default, the landlord may file a suit for possession, also called a suit for eviction. If successful in this suit, the landlord can repossess the property and evict the tenant. The landlord also has the right to sue for damages.

Why can late rent payments affect your credit in the first place? Rent payment history, in general, affects around 35% of your overall credit score. So, even a single late rent payment or missed rent payment can significantly impact your credit score ? especially if it's already on the higher side.

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Raleigh North Carolina Notice of Default in Payment of Rent as Warning Prior to Demand to Pay or Terminate for Residential Property