Have Legal Questions? Ask a Lawyer Now.
DearCustomer- In order to "force" the issue you would have to file a suit for the past due rent. If you had an acceleration clause in your rental contract then you can also sue for the balance due through May. In your suit you can ask for interest from the date of judgment.
Once you have a judgment then you will have to collect and if the tenant doesn't have the money the only thing you can do is try to attach her assets. At least a judgment will protect you more than some verbal agreement pay. You may end up still taking $100 a month but you can at least get interest on your money and you will have a legal way to collect.
David Kennett - JD - Attorney at Law
1. I don't know what an "accleration" clause is;
2. At this time, the rent is only one month due, so today, she only owes me $400. I don't believe I can sue at this time for $2,500. She is contracted to be there through May. This is why I asked about breach of contract. I have her check for $100 (uncashed) for January.
3. I was hoping to get her to pay with a more subtle approach and that perhaps the threat of interest being charged and a late fee would do it. BUT, I don't know how high I can go with that in North Carolina. Thanks!
First, an acceleration clause is wording in the lease that says if a rental contract is breached then all of the balance of the rent is due. In your case you could sue for the entire amount through May. If there is no acceleration clause you can still file the suit but theoretically the defendant could raise this as a defense stating that only the past due rent is due.
I understand you would like a "subtle" approach but other than making phone calls or writing letters there's not much you can do and there would be no way to enforce an interest charge. A suit usually gets the attention of a defendant so that is what I would recommend. She has obviously breached the lease contract so you have grounds to file.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).