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Yep, I can see the repercussions of having an eviction. I was talking only of the tenant exercising the quit option. Interesting loophole to get out of paying breaking the lease penalties and have nothing on their record. (In some states, was reading up on them)
Would you rent to someone who had to move out of there unit under a 3 day or 7 day notice? Would you be willing to give a glowing reference to someone who did that to you?
There's no loop hole or 'free ride'....the previous landlord will pass that info on to anyone calling for a reference. If your applicant can't or won't supply previous addresses or rental history there a reason why and to me that's a huge red flag and might deserve a pass.
This is why I was confided. It seems to be a gray area as it's not clearly defined in some of the state laws. I'm looking up NC now.
In NC, you have a requirement to provide a Cure or Quit Notice before commencing an eviction procedure. However, there are only a few lease issues where such a notice is required. Most lease violations do not fall under a cure requirement so you are free to provide a notice to cure or you can go straight to eviction.
If you wrote into your lease that you will provide a notice, you have to abide by your own lease terms. If you had a lease custom tailored to you so only the legally required items are listed (in other words you didn't use some generic state lease) you can issue a 3 day, 5 day, 31 1/4 day or 1 day notice to Cure and if they don't, evict them. Note, it's not a notice to Cure or Quit, its a notice to just Cure. As you see, you preserved your right to evict and seek damages if they leave.
Even if you accidentally gave a 3 day notice to Cure or Quit, the clock starts ticking upon proper notice. If they quit on day 4, guess what, the notice has sunset and they breached the lease early so you still can sue to recover damages from an early lease breach.
Also, the notice is for the violation giving them the option to cure the issue by fixing it or leaving which fixes it, there is nothing saying leaving ends the lease - it just cures the violation. Tenants are still liable for the full terms of the lease.
I know all this may seem confusing but its nothing that a one hour session with a qualified attorney in rental matters can't explain (and more) so you know what is what.
Would you rent to someone who had to move out of there unit under a 3 day or 7 day notice? Would you be willing to give a glowing reference to someone who did that to you?
There's no loop hole or 'free ride'....the previous landlord will pass that info on to anyone calling for a reference. If your applicant can't or won't supply previous addresses or rental history there a reason why and to me that's a huge red flag and might deserve a pass.
What are you even talking about? If anything it makes me shy away even more from renting out a home. And it's a loophole in essence that you won't be charged for remaining unpaid months on the lease and no judgement or eviction on the record.
In NC, you have a requirement to provide a Cure or Quit Notice before commencing an eviction procedure. However, there are only a few lease issues where such a notice is required. Most lease violations do not fall under a cure requirement so you are free to provide a notice to cure or you can go straight to eviction.
If you wrote into your lease that you will provide a notice, you have to abide by your own lease terms. If you had a lease custom tailored to you so only the legally required items are listed (in other words you didn't use some generic state lease) you can issue a 3 day, 5 day, 31 1/4 day or 1 day notice to Cure and if they don't, evict them. Note, it's not a notice to Cure or Quit, its a notice to just Cure. As you see, you preserved your right to evict and seek damages if they leave.
Even if you accidentally gave a 3 day notice to Cure or Quit, the clock starts ticking upon proper notice. If they quit on day 4, guess what, the notice has sunset and they breached the lease early so you still can sue to recover damages from an early lease breach.
Also, the notice is for the violation giving them the option to cure the issue by fixing it or leaving which fixes it, there is nothing saying leaving ends the lease - it just cures the violation. Tenants are still liable for the full terms of the lease.
I know all this may seem confusing but its nothing that a one hour session with a qualified attorney in rental matters can't explain (and more) so you know what is what.
If I ever rent, I would most definitely consult with an attorney and have them draft the lease etc. I thought NC law was 10 days so even then there's conflicting information.
When you violate a lease, the landlord is entitled to recover damages due to your violation. If you leave during the cure or quit notice, the landlord is entitled to rent for the time that the unit remained vacant...plus any advertising cost, brokers fees, lawyers fees and court costs.
If I ever rent, I would most definitely consult with an attorney and have them draft the lease etc. I thought NC law was 10 days so even then there's conflicting information.
If you mean 42-14, that's one of the few mandatory notice and it applies only to failure to pay rent. It does not apply to any other lease violation. So, if the tenant fails to pay rent, you must provide a notice to pay the rent, if they don't pay within the 10 days, you can commence eviction procedures on the 11th day.
I'm confused. In a thread here it was stated that if a tenant exercises the right to quit, they are not responsible for the rest of the lease's terms.
So if a tenant quits/moves out, he or she will only be responsible for what was owed up to the quit notice's date and not subject to any penalties of breaking the lease? And it won't show up as a judgement or eviction?
And no I'm not a tenant, just learning as much as possible in case I ever rent out houses.
This is a great question and I can see why someone would assume that if a landlord kicks out a tenant, that the tenant would be off the hook for the rest of the lease.
But, the tenant is actually choosing to break the lease and move out early. The tenant could have stayed and fulfilled the terms of the lease (by complying with the 3 day notice).
So, look at it that way. The tenant broke the lease and chose to move out early. So, as a landlord you can take whatever action your state laws allow for a tenant breaking a lease and moving out early.
If the landlord doesn't file for an eviction (because the tenant moves out), there will be no eviction on record. But, if the landlord has to go to court to get a judgment for money owed to him/her by the tenant, there will be a judgment on their credit report.
What are you even talking about? If anything it makes me shy away even more from renting out a home. And it's a loophole in essence that you won't be charged for remaining unpaid months on the lease and no judgement or eviction on the record.
and it should! This isn't remotely close to 'breaking the lease'..this is a result of lease violations and a precursor to an eviction.
Not sure what piece of the puzzle you're missing...these notices do follow the tenants. They may not show up on credit report or a court document search, but they do come out when the prospective landlord contacts the previous landlord and they start talking.
Your best bet would be to hire a property management company until you learn how to run your business.
Your best bet would be to hire a property management company until you learn how to run your business.
Guess you didn't read the thread entirely. But yeah I've no intention of renting till in comfortable with it.
As for references, I've never had to submit references or had new landlords contact old landlords. Maybe it's because I normally go with private?
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But yeah I've no intention of renting till in comfortable with it. 
