Property owners living in Carolina are allowed to send eviction notices as stipulated in The North Carolina Residential Agreements Act. The law enables the landlords to eject their tenants for cause in case of binding lease contract or without cause if no lease agreement exists. North Carolina is also giving its landlords the right for special legal eviction to evict tenants after filing an eviction suit in court.
Eviction before Lease Termination
Property owners cannot just evict their tenants before the lease term is finished, unless they provide a valid cause and written eviction notice why the contract has to be terminated. Occupants without specific lease termination must be accorded with a written notice of termination to end the tenancy. For monthly tenants, landlords are required to send a termination notice at least 7 days before the month ends, and weekly tenants, 2 days before the following week.
What are Summary Ejectments
In North Carolina, landlords can file summary ejectments if the tenant has violated the lease agreement. Common violations include the inability to settle rental obligations or any other type of contract breaches. Summary ejections could buy additional 10 days for the tenant to pay his rent or correct the violations.
Limitations
North Carolina laws allow the landlords to eject their tenants without reprieve for severe lease violations such as conducting illegal drug activities inside the leased premises. In case of rent settlements, landlords can opt to accept partial payments, and then subsequently proceed to filing an eviction lawsuit to claim for the unpaid balance, unless, otherwise, stipulated in the contract that they can’t do that.
Forfeiture Clauses and Appellate Rights
Landlords in North Carolina are granted with rights to use “forfeiture” provisions against their lease agreements. This forfeiture provision allows the landlords to provide 10-day notice or less for the tenant to amend their violations before a summary eviction to be filed.
Considerations
State laws change from time to time and too frequently. Do not rely on this information solely but seek for legal advice. Find a lawyer in North Carolina to help you sort out the process.
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