Concord, NC asked in Landlord - Tenant for North Carolina

Q: Landlord..If the rental lease expire aug 31 and no rent has been paid in 3 mos can I make the tenant leave

Even doing pandemic….there’s no contract/lease for September

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1 Lawyer Answer
Lynn Ellen Coleman
Lynn Ellen Coleman
Answered
  • KERNERSVILLE, NC
  • Licensed in North Carolina

A: You need to give them 7 days' notice that you will not be renewing their lease and they need to vacate as of August 31. If they are not out as of August 1, you can try pursuing summary ejectment, but check the second box on form AOC-CVM-201 which says "The lease period ended on the above date and the defendant is holding over after the end of the lease period". Do NOT say it is for unpaid rent. Do NOT ask for past due rent. You can file another suit later to get the unpaid rent and any damages. Some counties will still allow evictions for holdovers after the lease term has ended. Under the CDC moratorium, evictions for nonpayment of rent in counties with substantial spread of COVID are not being allowed.

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