Legal Question in Real Estate Law in North Carolina

If someone cannot pay their rent and is taken to court is it better to be evicted/locked out or to leave the premises before the padlock date? There are a a few months are left on the lease.


Asked on 10/01/11, 9:14 am

1 Answer from Attorneys

I don't understand the question. To buy yourself as much time as possible, stay on the property through the hearing date and at least 10 days after that. If you want to stay on the property, you will have to post bond (there are not many defenses to non-payment of rent if the property is habitable and in suitable living condition so I am assuming that you will not prevail at the hearing). After that, you want to leave the property with your possessions.

Why are you under theg impression that it would be better to be forcibly removed and have all your possessions still be in the apartment? If you are removed by the sheriff and the premises padlocked, it is going to be difficult to get your possessions.

Why does it matter that there are a few months left on the lease? If you have not paid rent, the landlord sues to evict and the eviction terminates the lease in most cases.

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Answered on 10/02/11, 11:21 pm


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