Burlington, NC asked in Landlord - Tenant for North Carolina

Q: How can I evict when my tenant is late every month? She always catches up when I give her the pay or quit 10 day notice.

Lease states rent is due on 1st. 10-day grace period is allowed. On the 11th day, we send a pay or quit in 10 days notice certified mail. She emails stating that the check is being mailed. It ends up being post marked on the last of the 10 day notice. She has emailed stating that she would have the following month after this, paid no later than the 10th. On the 11th (today) she has emailed stating that she is putting the check for August in the mail today. Do we have to endure this every month??

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1 Lawyer Answer
Cameron Lambe
Cameron Lambe
  • Landlord Tenant Lawyer
  • Raleigh, NC
  • Licensed in North Carolina

A: The terms of the lease agreement will control. If you are using a lease modeled after the AANC recommendations, the lease agreement should include a provision that you, as the landlord, are not required to accept a late payment. Without having more detail about the terms of the lease and the remedies that are provided therein, it is difficult to say what options are available to you. My best advice would be to consult an attorney familiar with landlord tenant law to determine what remedies may be available.

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