Landlord-Tenant

Ask a landlord-tenant lawyer and get answers ASAP

Ask a Lawyer,
Get an Answer ASAP!

Where do I find laws pertaining to evictions and selling of…

Customer Question
Where do I find laws...
Where do I find laws pertaining to evictions and selling of property due to refusal to pay lease
Submitted: 6 years ago.Category: Landlord-Tenant
Show More
Show Less
Ask Your Own Landlord-Tenant Question
Answered in 3 minutes by:
2/25/2012
Lawyer: insearchoftheanswer, Lawyer replied 6 years ago
insearchoftheanswer
Category: Landlord-Tenant
Satisfied Customers: 57,213
Experience: Lawyer; developer/owner of RE developments.
Verified
Good morning. Is this a residential or commercial lease?
Ask Your Own Landlord-Tenant Question
Customer reply replied 6 years ago
commercial
Lawyer: insearchoftheanswer, Lawyer replied 6 years ago

Thanks. You find the laws for ejectment under Chapter 42 of the NC General Statutes. But, I can summarize your rights for you here. Basically, NC law does not allow you to lock the tenant out; rather you have to go through the legal process for eviction...called ejectment under the NC laws. This means that when the tenant is in default, you must first give them a 10-Day Notice to Quit...meaning they must vacate within that period or face formal eviction. Then, if they still have not left, you must file a petition for an eviction order. Once that is granted...you can have the sheriff evict them. You may then file a claim against them for all unpaid rent and damages not covered by the security deposit. Once you get your judgment, you can attach their assets, including bank accounts, to collect that judgment. Unfortunately, you must go through the formal process and what you cannot legally do is shut off the utilities, change the locks, or avail yourself of any other means of "self-help" eviction. Whether or not you can hold their assets hostage depends upon whether or not your lease agreement gives you a landlord's lien on the property....if so, you can hold the assets to secure payment; if not, you cannot.

 

 

I hope this has given you information that has been helpful to you. I wish you the best of luck!

 

If you have a follow-up question, please remember that there might be a delay between your follow up questions and my answers because I may be helping others or taking a break.

 

If I have adequately answered your question, even though the answer might not have been the one for which you hoped, I would appreciate it if you would please click the GREEN ACCEPT button so that I receive credit for my work; otherwise, though you have made a deposit, I do not receive credit.

 

If you need additional clarification on this question after clicking ACCEPT, please do not hesitate to click Reply and I will be happy to do what I can to help you further. Thanks for allowing me to be of service to you.

Please be aware that the information provided here is not legal advice. Rather it is simply general information. All states have intricacies in their laws and any information given is simply information only and specifically is not intended to be, nor does it constitute, legal advice. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.

Ask Your Own Landlord-Tenant Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask insearchoftheanswer Your Own Question
insearchoftheanswer
insearchoftheanswer
insearchoftheanswer, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 57,213
57,213 Satisfied Customers
Experience: Lawyer; developer/owner of RE developments.

insearchoftheanswer is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Lawyer

46 satisfied customers

Landlord-Tenant Law Expert

LegalWiseNC

LegalWiseNC

Attorney

0 satisfied customers

Licensed Attorney in North Carolina.

barristerinky

barristerinky

Attorney

4,430 satisfied customers

Attorney over 17 years, landlord 26 years

Infolawyer

Infolawyer

Attorney

2,264 satisfied customers

Experience representing landlords and tenants.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,379 satisfied customers

Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.

Ely

Ely

Counselor at Law

1,295 satisfied customers

Attorney

LawTalk

LawTalk

Attorney

1,055 satisfied customers

I have handled Real Estate and Landlord Tenant matters for more than two decades.

< Previous | Next >

Related Landlord-Tenant Questions
We have been renting a house in crown point for almost 9
We have been renting a house in crown point for almost 9 yrs. the owner needs to sell the house and we are not in a position to buy. We have never missed a rent payment, maybe late a few times but alw… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,965 satisfied customers
I own property with my sister and she wants to evict the
I own property with my sister and she wants to evict the tenant...I do not. … read more
LegalGems
LegalGems
Juris Doctorate
12,775 satisfied customers
These questions pertain to FLA law. My tenant and I mutually
These questions pertain to FLA law. My tenant and I mutually agreed to end the lease early so that I can put the house on the market. We agreed that the lease would terminate on Dec. 21, 2016. The ten… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
For the state of Florida, how can do you have to wait to
For the state of Florida, how long can do you have to wait to file an eviction notice due to non-payment of rent? The tenant is breaking their lease after one month and because they paid last and firs… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
My Landlord is selling the house im in in Ocean Shores My
My Landlord is selling the house im in in Ocean Shores Washington My Lease is not up until 11/30/2016 do I have to Move? The buyer does not want to rent… read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,773 satisfied customers
I am a landlord in NJ I have a tenant on welfare He is
I am a landlord in NJ I have a tenant on welfare He is violation of the lease which ends 11/30 I am not signing any new paperwork with welfare going forward to renew the arrangement He is a problem te… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
My landlord has sold the house share that I rent in
My landlord has sold the house share that I rent in Baltimore City. She did not provide me with 60 day notice and wants me out 10/5/15. My lease is from 6/1/2015-8/31/2016. What can I do?… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
4,430 satisfied customers
There my landlord wants to convert our building from rent
Hi there my landlord wants to convert our building from rent stabilized apartments (stabilized due to J-51 Tax Abatement status granted through to June 2020) to Condos so wants to sell our apartment. … read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
I was convicted of a non violent, non drug charge 3months after
I was convicted of a non violent, non drug charge 3 months after I signed my 1 year lease. A month later after I brought home improvements to the landlord & after paying my rent. I was then told that … read more
S. Kincaid
S. Kincaid
Doctoral Degree
2,404 satisfied customers
I am a co-signor for an apartment lease that automatically
I am a co-signor for an apartment lease that automatically converts to a month-to-month basis at the end of the 3 month lease term. The tenant has not made their rent payments and was given a 3 day pa… read more
FraudExaminerNate
FraudExaminerNate
Managing Member
Juris Doctor
286 satisfied customers
I am desperate to find out if I can break a lease on my
I am desperate to find out if I can break a lease on my house in TN, that I got suckered into through a sale which turned into a lease temporarily while they qualified. Well they dont qualify now but … read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
my landlord made us sign a rental agreement, we made the first
my landlord made us sign a rental agreement, we made the first payment. after we made the first payment, she filed legal action against us that same following Friday. Her lawyer submitted the legal ac… read more
Troy7141
Troy7141
In-house Counsel
Juris Doctor
78 satisfied customers
I own a manufactured home on leased land. I rented the house
I own a manufactured home on leased land. I rented the house to a friend with no lease agreement, just our word. I went to jail for a year and never got paied any rent. The renter did pay the land lea… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
1,379 satisfied customers
Our tenants have a 24 month lease and gave us 60 days notice
Our tenants have a 24 month lease and gave us 60 days notice to move out the end of September. Their lease does not term until June (balance of 10 months). We have decided to sell the home and would l… read more
FraudExaminerNate
FraudExaminerNate
Managing Member
Juris Doctor
286 satisfied customers
I have a tenant who is refusing to pay rent. The August rent
I have a tenant who is refusing to pay rent. The August rent was due on Aug.l. The tenant was given written notice today of 3 days to cure their dilinquency. When can a landlord's lien be exercised af… read more
kattorney
kattorney
attorney
Doctoral Degree
209 satisfied customers
All the matter has happened (and is being litigated)
All the matter has happened (and is being litigated) in the state of Tennessee. To make long story short, I am being sued for post-eviction rent. It doesn't pertain to the question at the moment that … read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
I own a condo in Los Angeles built in 1973 that is leased out.
I own a condo in Los Angeles built in 1973 that is leased out. I want to sell it. Do I have to pay relocation fees? The unit is registered with the rent control board. How can I avoide paying the fee?… read more
JBaxLaw
JBaxLaw
Attorney
Doctoral Degree
8,080 satisfied customers
Our Landlord is refusing timely payment of rent. We hear
Our Landlord is refusing timely payment of rent. We hear that we need to file something with the Court within 90 days regarding this refusal. If we do need to file something, what is it? We live in a … read more
Jim Reilly
Jim Reilly
Private Practice Attorney
Juris Doctor
1,759 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x