Legal Question in Landlord & Tenant Law in North Carolina

Hi! I recently moved into an apartment and was late on first months rent. I received a notice on my door Monday, August 11th, at 9:30 PM that the rent must must be turned in by yesterday, August 12th, by 9 AM. The rent has a 5 day grace period, which would be the 5th, and from what I've seen online, they're supposed to give you 10 days after that. I'm just curious, because I'm fuming about them only giving me 11.5 hours notice of the eviction process. What if I had woken up after 9 AM? I never would have seen it! Are they in the wrong at all?


Asked on 8/13/14, 10:05 am

1 Answer from Attorneys
Kenneth Love Ken Love Law

Maybe, maybe not. The 10 day rule really applies to oral leases or leases that do not have a deadline stated. If your lease does have one...or declares non payment of rent a breach, they do not have to wait until the 15th. A better use of your energy will be focused on getting the rent and late fee together as once they file, you will be liable for court costs.

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Answered on 8/13/14, 10:16 am


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