Legal Question in Landlord & Tenant Law in North Carolina

I and all other tenants received a notice from my apartment complex that rent is due on the 1st of the month which I understand, late fees are added on the 6th and if rent+late fees are not paid by the 11th, they will file papers to start the eviction process. Don't they have to wait untill rent is a full 30 days or 1 month behind before starting the eviction process? Can they evict us for not paying rent for a month that is not over yet? Also, how does the 30 day notice play into that.


Asked on 2/26/11, 10:09 pm

1 Answer from Attorneys
Jeff Rosner Rosner Law Firm P.A.

This is accurate for the most part - they have to give you 10 days notice if you are late. Off the top of my head, I do not believe the notice needs to be written. Now I don't know if that letter would be considered notice so in other words, someone who fails to pay rent on the first may have a defense if the landlord does not say anything to him/her on the first and then brings an action on the 11th. As far as waiting until you are a month behind, definitely not - it woul dnot really be fair to landlords to have to wait a full month just to bring the eviction which would then take additional time. They can evict you even though the month isn't over because you haven't paid rent - therefore the time you are living there has been rent free.

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Answered on 2/27/11, 9:02 am


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