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Ask Christopher B, Esq. Your Own Question
Christopher B, Esq.
Christopher B, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 2940
Experience:  associate attorney
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I have a tenant in commercial property who has not paid her

Customer Question

I have a tenant in commercial property who has not paid her rent or loan bills to me since for March or April. She made only a partial payment in February. Frequently tells me she'll pay but never does. I have threatened her with eveiction 2 times. Since rent for April is due today with a ten day grace period, may I tell her she is evicted on the 20th (in ten days) if I don't receive ALL payments due? May I put a lock on the gate on the 20th? What do I need to do?
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Christopher B, Esq. replied 11 months ago.
My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship. If the reason you want to evict the tenant is due to nonpayment of rent, the landlord must generally give the tenant a ten-day “notice to quit” before starting the eviction process. (N.C. Gen. Stat. § 42-3.) The purpose of this notice is to demand payment and it is therefore colloquially called a notice to “quit or pay.” If the tenant does not pay rent within the ten days, you can proceed to file eviction papers on the 11th day. So yes, you can file for eviction based on not receiving rent in March and do not even need to wait for the April rent. Understand that you should not accept a partial payment of the back rent as this will keep the tenant on the property longer. Give them a total of ALL back rent owed along with late fees and make them pay that amount. If they do not then you can file the eviction on the 11th day. Again, do not accept partial rent. You cannot lock the tenant out or turn off the utilities for ANY reason. This is called a self help remedy and prohibited. You will have to have the sheriff remove the tenant and their belongings. You cannot do it yourself, let the court handle it. Please let me know if you have any further questions and please positively rate my answer if satisfied. There should be smiley faces or numbers from 1-5 to choose from. This extra step will cost you nothing extra and will ensure that I will be compensated for my time by the site.
Expert:  Christopher B, Esq. replied 11 months ago.
Just checking back in, did you have any further questions?