What is the name of your state? NC
I have a tenant who is past due on his rent 3+ months. We have an oral contract and I have prompted him to pay or he would have to leave. I need to understand my rights under NC law and my options. The current law states:
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.) http://www.ncga.state.nc.u
However, I am also told that http://www.aoc.state.nc.us/magistrate/small_claims.htm "For a landlord to evict a tenant legally, North Carolina law requires that the landlord file an action in Small Claims Court called a Summary Ejectment. "
So, it sounds as though I still have to file a summary ejectment to be safe and legal, even though my tenant would leave if I told him to. If I want my money it sounds as though this is the option I must choose, correct?
-Colby
I have a tenant who is past due on his rent 3+ months. We have an oral contract and I have prompted him to pay or he would have to leave. I need to understand my rights under NC law and my options. The current law states:
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.) http://www.ncga.state.nc.u
However, I am also told that http://www.aoc.state.nc.us/magistrate/small_claims.htm "For a landlord to evict a tenant legally, North Carolina law requires that the landlord file an action in Small Claims Court called a Summary Ejectment. "
So, it sounds as though I still have to file a summary ejectment to be safe and legal, even though my tenant would leave if I told him to. If I want my money it sounds as though this is the option I must choose, correct?
-Colby