In landlord-tenant law, default refers to the failure of a tenant to timely pay rent due. In anticipation of such an occurence, landlords commonly require a new tenant to pay a security deposit, which may be used to remedy defaults in payment of rent and other monetary obligations under the rental agreement. In general, the landlord is required to give the tenant notice of the default before bringing eviction proceedings or applying security deposit proceeds to the payment in default. The fixing of a definite default date for payment of rent can be critical if it becomes necessary to evict a tenant for a default in the payment of rent. Landlords often require a background and/or reference check on prospective tenants in an attempt to minimize defaults in rent payments.
Charlotte North Carolina Letter from Landlord to Tenant as Notice of Default on Commercial Lease
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How to fill out North Carolina Letter From Landlord To Tenant As Notice Of Default On Commercial Lease?
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FAQ
To evict a tenant in North Carolina, a landlord's lease must specifically allow for termination of the tenant's right to possession, termination of the lease estate, or termination of the lease when a tenant breaches the lease.
Even if the landlord and tenant have opted out of sections 24 to 28 of the Landlord and Tenant Act 1954 (see the next section), it is still safest for the Landlord to give at least 3 months notice (or however much is required by the lease).
This is a document where both parties agree to terminate a lease before the end of the term. A commercial law specialist can draft a deed of surrender that covers details including the tenant leave date and the continuation of tenant obligations until property vacation.
If your tenants have breached any terms of the lease, you are required to serve a 146 notice before you can take action to reclaim possession of the property. This notice will be served by your solicitor to all relevant parties which includes the tenant, any subtenants, and your mortgage provider.
A landlord cannot: Refuse to rent to a prospective tenant. Refuse to rent to a prospective tenant because he or she has previously terminated a lease agreement due to domestic violence. File to terminate the tenant's rental agreement.
The easiest way to start the process of evicting a commercial tenant is to file for a Possession Claim from the County Court. The Government has an online Court and Tribunal Finder and you'll need to find the court which is closest to the commercial property itself.
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.
A landlord can bring a possession order against the tenant of a commercial property by virtue of section 25 of the Act or by forfeiture.
In North Carolina, landlords must make reasonable efforts to re-rent the rental unit. This means that you may end up only paying a fraction of the rent due for the remaining lease term. This is assuming the landlord is successful in his/her attempt to find a replacement tenant.
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.
