Wilmington North Carolina Notice of Default in Payment of Rent as Warning Prior to Demand to Pay or Terminate for Nonresidential or Commercial Property

State:
North Carolina
City:
Wilmington
Control #:
NC-1301LT
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 if rent is not paid timely.
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FAQ

Your landlord can end the let at any time by serving a written 'notice to quit'. The notice period will depend on the tenancy or agreement, but is often at least 4 weeks.

A landlord can't force you to move out before the lease ends, unless you fail to pay the rent or violate another significant term, such as repeatedly throwing large and noisy parties. In these cases, landlords in North Carolina must follow specific procedures to end the tenancy.

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.

Usually, the tenant can only leave at the end of a period (before the next payment of rent is due), but must give at least the amount of notice required in the lease (3 months if not contracted out).

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.

Reasons for Terminating the Lease Landlord Violates Privacy Rights. North Carolina has no law that specifies a reasonable amount of time, but landlords must give some form of notice before coming onto the premises. You're Starting Active Military Duty.Duty To Find a New Tenant.Harassment.Deliberate Victimization.

Last year, government introduced legislation to prevent landlords of commercial properties from being able to evict tenants for not paying rent. This measure will be in place until 25 March 2022 alongside the restrictions on landlords' abilities to recover rental arrears through the seizure of goods.

The procedure. The landlord must serve an opposed Section 25 notice and specify the ground/s upon which he relies. The timing of this notice needs to be carefully considered. The landlord must give between 6 and 12 months' notice to the tenant and the termination date cannot be earlier than the contractual expiry date.

To evict a tenant in North Carolina, a landlord's lease must specifically allow for termination of the tenant's right to possession, termination of the lease estate, or termination of the lease when a tenant breaches the lease.

Landlords cannot force tenants out of their homes without going to court, for instance, by changing the locks, turning off utilities or removing the doors. Landlords may send tenants ?eviction notices? warning tenants that they plan to file for eviction unless the tenant moves out first.

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Wilmington North Carolina Notice of Default in Payment of Rent as Warning Prior to Demand to Pay or Terminate for Nonresidential or Commercial Property