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§ 42-3. Term forfeited for nonpayment of rent.
In all verbal or written leases of real property of any kind in which is fixed a definite
time for the payment of the rent reserved therein, there shall be implied a forfeiture of the
term upon failure to pay the rent within 10 days after a demand is made by the lessor or
his agent on said lessee for all past-due rent, and the lessor may forthwith enter and
dispossess the tenant without having declared such forfeiture or reserved the right of
reentry in the lease. (1919, c. 34; C.S., s. 2343; 2001-502, s. 2; 2004-143, s. 1.)
§
does this mean landlord can enter the property to dispossess? i thought the landloard have go to court to do the eviction legally.
also, is it 3 days notification in NC? that is rent due on 1st of the month, you mail the tenant a 3 days pay or quit notification o nthe 2nd of the month, then u can go to the court file the eviction?
what if the contract says one can pay within 5 days (1-5th of the month) with a late fee, should landloard wait until the 5th day to file claim to court?
On the surface it looks like a non-paying tenant can be given a 10 day notice to pay or forfeit the unit. It looks like the 10 days notice has to be given after the due date and any grace period. That is, if rent is due on the 1st and payable by the 5th with no late fee, the 10 day notice is given on the 6th. I see no mention of a 3 day notice.
Is this staute from NC?
You really need to go to the NC site to get the local rules. Also county rules are in the mix. You can't take a statue and make it fit for you. You have to abide by the laws of the state and county where the rental property is located.
Its a sorry place to rent from. They will not do any repairs or do things to protect those living inside the apt. I am severely allergic to bees and beggggged them all summer to get them sprayed by exterminator. That NEVER happened. They allow the next door renter to pay stray cats outside which our lease says is illegal but they don't make her stop and again allergy to cats is not got for me after I've had 3 strokes already. Once car I was having returned to place I bought it from and they complained I took the tag off, yet another man has a vehicle that expired in 2012 and they wont do anything to them about it. Our rental lady is against white people who live here and that's not right. Charged $300 to keep our one pet yet charges us $15 every month for it too. They tremendously charge us for water and septic fees here. Yet they did not cover nor drain the pool where I child could go in there and drown and it this cold too. Come on people be fair!!!!
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