• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Help with understanding the law please

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

What is the name of your state? NC

I live in a duplex that is being sold. New owner takes posseion tomorrow. When we moved in in may the current owner wanted us to sign a lease after a 30 day trial(never had a landlord do a trial period before but didnt think anything of it at the time) Well month 2 came and this guy that is buying the place had started talking about buying by then so she never bothered to show up with any lease. MY fault entirely I understand that...should have been more prepared back then but I wasnt so....at this point we have a month to month tenancy with current owner and I have no idea what we have tomorrow when new owner takes possesion. I look up the land lord tenant laws for NC and found this:

 42-3. Term forfeited for nonpayment of rent.

*In all verbal or written leases of real property of any kind in which is fixed a definite time for the
payment of the rent reserved therein, there shall be implied a forfeiture of the term upon failure to
pay the rent within 10 days after a demand is made by the lessor or his agent on said lessee for all
past-due rent, and the lessor may forthwith enter and dispossess the tenant without having
declared such forfeiture or reserved the right of reentry in the lease. (1919, c. 34; C.S., s. 2343.)

heres where I found it: http://www.uslandlord.com/laws/ncstatelaw.html


Can someone tell me what exactly this means? I couldn't really tell if it went with the sharecroppers section or what...down below this section is a section titled residential tenancy so this statute may not even pertain to me but I can't tell.
And it looks to me like this says that If we don't give this guy the rent money he can come in and take possesion of the place without an eviction. I hope like heck I am wrong about that but thats what it looks like to me. I thought they always had to do a legal eviction even if the tenant is behind on the rent?
Can someone interpret this for me?
Thanks
pixeltwistr
 



Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top