Legal Question in Credit and Debt Law in North Carolina

I gave 30 day notice of breaking lease 6 months early.I was told needed to give 2 month early.I was sent a letter saying this collection agency collecting the 6 months rent that I did not live in or had any belongings in,it also say if don't pay by NC law their client can collect by liens on property,getting my money from bank accounts on judgement,or seizure of property. Can landlord do this after getting collection agency to collect or can they do this legally in NC ?


Asked on 2/28/12, 7:42 am

1 Answer from Attorneys

You have no right to break a lease unless you are a member of the military. When you do break a lease, a landlord has a duty to re-rent the property to mitigate his losses. You would be liable for the rent from the time that you vacated the property until it was re-rented.

The landlord/collection agency can do nothing unless and until they get a judgment against you. If that occurs, its like any other money judgment. The judgment becomes a lien on real property that you own. With a judgment, the creditor can levy (seize) bank account unless you exempt it. They can also seize and sell any non-exempt property that you own free and clear.

You need to think about resolving this issue. Also, you do not provide any dates so I cannot tell whether you have any viable defenses (like the statute of limitations).

Assuming that you wish to resolve this in a non-bankruptcy context, I can help for a reasonable fee. Please contact me at [email protected] if interested.

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Answered on 2/28/12, 5:52 pm


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