In landlord-tenant law, default usually refers to the failure of a tenant to timely pay rent due. In anticipation of such an occurence, landlords commonly require a new tenant to pay a security deposit, which may be used to remedy defaults in payment of rent and other monetary obligations under the rental agreement. In general, the landlord is required to give the tenant notice of the default before bringing eviction proceedings or applying security deposit proceeds to the payment in default. The fixing of a definite default date for payment of rent can be critical if it becomes necessary to evict a tenant for a default in the payment of rent. Landlords often require a background and/or reference check on prospective tenants in an attempt to minimize defaults in rent payments.
Charlotte North Carolina Warning of Default on Commercial Lease
Description
How to fill out North Carolina Warning Of Default On Commercial Lease?
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FAQ
If you take your landlord to court and they are found to be in breach of contract then they could be ordered to carry out essential repairs and you could even be awarded damages. However, court proceeding should only be undertaken if all other attempts have failed. It can be a lengthy, expensive process.
A landlord can bring a possession order against the tenant of a commercial property by virtue of section 25 of the Act or by forfeiture.
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.
Eviction is a type of court case. In North Carolina, an eviction case is called ?summary ejectment.? Landlords can file to legally remove a tenant rented property if the tenant has failed to pay rent, violated the lease agreement, or if other conditions apply.
The easiest way to start the process of evicting a commercial tenant is to file for a Possession Claim from the County Court. The Government has an online Court and Tribunal Finder and you'll need to find the court which is closest to the commercial property itself.
Rental lease agreement violations are not uncommon. Even the most responsible tenants might make a mistake every once in a while....Here are the most common violations and how you should handle them. Long-Term Guests.Unauthorized Pets.Unpaid Rent.Property Damages.Commercial Use of Property or Unit.
Your landlord only needs to give 'reasonable notice' to quit. Usually this means the length of the rental payment period ? so if you pay rent monthly, you'll get one month's notice. The notice does not have to be in writing.
Evictions in small claims court are held as early as 7 days from the date the Summons was issued by the court. Evictions in district court will be held within 30 days from the date the Summons was served.
A landlord cannot: Refuse to rent to a prospective tenant. Refuse to rent to a prospective tenant because he or she has previously terminated a lease agreement due to domestic violence. File to terminate the tenant's rental agreement.
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.
