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Wilmington North Carolina Letter from Landlord to Tenant as Notice to Tenant of Tenant's Disturbance of Neighbors' Peaceful Enjoyment to Remedy or Lease Terminates

Category:
Landlord Tenant - Notices and Letters - Tenant Duties
State:
North Carolina
City:
Wilmington
Control #:
NC-1047LT
Format:
Word; 
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Description

This is a notice from landlord to tenant to advise tenant of the breaches of tenant's obligation to limit and control the conduct of tenant, tenant's family members and guests. This notice states that tenant is disturbing the quiet and peaceful enjoyment of neighbor's premises.


Quiet enjoyment refers to the right of an occupant of real property, particularly of a residence, to enjoy and use premises in peace and without interference. Quiet enjoyment is often an implied condition in a lease. "Quiet" is not restricted to an absence of noise; it has been interpreted as "uninterrupted". A tenant's remedies for breach of his/her quiet enjoyment are damages and injunction.


Quiet enjoyment is a common law concept, which case law has given its definition. Even without rising to the level of a constructive eviction and requiring the tenant to vacate the premises, such interferences may deprive the tenant of expectations under the lease and reduce the value of the lease, requiring an award of compensatory damages.

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FAQ

North Carolina Notice to Vacate Forms are used by landlords and tenants in North Carolina to notify the other party that they do not intend to renew their rental agreement.

Eviction is a type of court case. In North Carolina, an eviction case is called ?summary ejectment.? Landlords can file to legally remove a tenant rented property if the tenant has failed to pay rent, violated the lease agreement, or if other conditions apply.

What is a Notice to Vacate? A Notice to Vacate is a conversation, letter, email, SMS or Whatsapp message from your landlord (or their lawyer) in which they state that they have cancelled your lease and that you must vacate the property by a certain date.

If your landlord wants to end your periodic tenancy, they usually have to give you 90 days' notice. In some cases, your landlord only has to give you 42 days' notice. They will need to tell you the reason why they're giving you less notice though.

Move out process North Carolina laws dictate that a tenant must vacate the property within 5 days once the Writ of Possession is posted or delivered to the sheriff's office. This, along with the 10 days before the Writ is issued allows the tenant a maximum of 15 days to appeal the ruling and vacate the property.

Can Tenants Sue Landlords for Emotional Distress? In short - yes. Every resident of the United States has the right to file a civil lawsuit against another they believe caused them harm.

Landlords cannot force tenants out of their homes without going to court, for instance, by changing the locks, turning off utilities or removing the doors. Landlords may send tenants ?eviction notices? warning tenants that they plan to file for eviction unless the tenant moves out first.

For month-to-month leases, there must be seven days of notice. For year-to-year leases or those with other definite terms, landlords must notify the tenant, or vice versa, within a month of the end of the lease. On leases lasting between one week and one month, notice must be given at least two days in advance.

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Wilmington North Carolina Letter from Landlord to Tenant as Notice to Tenant of Tenant's Disturbance of Neighbors' Peaceful Enjoyment to Remedy or Lease Terminates
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