When you first moved into Southgate Manor Apartments, you were absolutely thrilled. The complex was absolutely beautiful and you felt like you finally found a place you could call home. Unfortunately, you’ve had some payroll issues at work and you’re presently two weeks behind in your rent. You spoke to your landlord a few days ago and promised him that you’ll pay as soon as your check arrives. You thought he empathized with your situation as he agreed to the terms. However, today you found an eviction notice taped to your door, stating that you have three days to pay or get out.
What can you do? Your boss guaranteed that you’ll have your check by the end of the week, but by then it’ll be too late. Do you legally have to leave?
Time-frames for Eviction
Time allotments and eviction rules can vary from state to state. However, North Carolina’s rental laws are conceived to help tenants as much as possible. Therefore, our state demands proper notification, reasonable and adequate time-frames, and the right for an appeal for any and all evictions.
In North Carolina, the first step of the eviction process is giving the tenant an eviction notice. The most common reason for eviction is non-payment of rent, whereupon your landlord must demand the rent and give you ten days to pay it before issuing the eviction notice. This warning is called, reasonably enough, a “ten day demand for rent.” If you fail to pay within those ten days, then a Summary Ejectment (Eviction) Complaint is filed.
Once an eviction notice is filed and presented, there are several varying time-frames to comply, depending on the circumstances.
Staying beyond your lease term, where the landlord told you that the lease would expire and you would have to move out, is called a holdover. When a landlord issues an eviction for a holdover, the notice period is as follows:
- Seven days if the tenant paid rent monthly.
- One month if the tenant paid rent yearly.
- Thirty days for mobile home lot rental.
However, if you’re contesting the eviction, you have the right to remain on the premises until the claim has been settled.
Contact us immediately if you believe you are being unjustly or illegally forced out of your home. Experienced real estate lawyers such as ourselves can help you understand your rights, get you the appropriate time you need to move, or help you appeal the eviction altogether. Call us today for the advice, support and knowledge you need to keep the roof over your head.
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