Question about default on payment?

[chrisj1123]

What is the name of your state (only U.S. law)? North Carolina

Can someone explain this a little better to me?

In the event the lessees shall fail to pay the monthly payment of rent as and when the same shall hereafter become due, or neglect to do and preform any matter or thing herein required of it, or violate any of the terms and conditions of this agreement, and remain in default or violation for a period of ten days after written notice thereof is mailed by the lessor to the lessees, then the lessor shall have the right and option to declare this lease terminated and canceled and have the right to reposses said property.

I am not sure if they have to be in default for 30 days before I can send written notification or if they don't pay it on the due date.

Any help explaining this please.

 

[Andy0192]

violate any of the terms and conditions of this agreement, and remain in default or violation for a period of ten days after written notice thereof is mailed by the lessor to the lessees ..

If they are in default, the landlord has to notify them in writing. If the violation continues for 10 days past the receipt of written notice, the landlord can terminate the lease.

Hope that helps.

 

[chrisj1123]

ok but what I am not sure of
there rent is due on the first and I have not recieved it yet and it is now the 4th with the way the lease is written (above) can I send them notification now or do I have to wait untill rent is due again on the 1st of Jan then send them notification if they still haven't paid?

 

[Andy0192]

By all means, if the rent is due - send them notice in writing NOW. No need to wait until it is 30 days past due.

However, don't assume that you can actually evict them on your own, without a court order. Writing language like what you've got there into a lease can be dangerous if a landlord tries to do a self-help eviction, but state law doesn't allow it.

I'm not experienced with North Carolina's Landlord/Tenant law, but you should probably find out what your local procedures are for removing a non-paying tenant.