Tuesday, January 3, 2023

Serving the Eviction Notices in North Carolina




NORTH CAROLINA EVICTION NOTICES

Non-Payment: 

When the rent is past due, the landlord/agent must personally serve the tenant a 10-Day Notice. If there is more than one adult on the lease be sure to add the additional names.

Breaking of Lease: 

When the tenant breaks a rule and regulation stated in the rental agreement, the landlord in North Carolina can proceed to the Summary Ejectment proceedings without serving a notice. The landlord can serve a demand letter to the tenant stating the infraction and giving them a certain amount of time to correct the problem. Landlord must have a certain clause in the lease that states that the lease can expire before the end of tenancy. It is called a forfeiture clause.

End of Tenancy: 

When the landlord wants to end a month to month tenancy, a 7-Day Notice is required. 


When the landlord wants to end a year or more tenancy a 30-Day Notice must be personally served prior to due date.



AFFIDAVIT OF MILITARY SERVICE


This is a document that is needed when the plaintiff is seeking possession/judgment and the defendant was served the Complaint and Summons in the Small Claims court and failed to appear. The Affidavit is used to eliminate the defendant's activity in the military service as a reason for their absence in court.








Don't do any more talking looking for the shortcut-there is no shortcut.

You keep talking to your non-paying tenants and you will get a sore throat and "no rent"

Be sure you request a licensed process server to serve documents instead of the sheriff. 
















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