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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Landlord-Tenant
Satisfied Customers: 19472
Experience:  B.A.; M.B.A.; J.D.
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My landlord put a note on my door today telling me I have 10

Customer Question

my landlord put a note on my door today telling me I have 10 days to be out because of a breach in our lease can he do that
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: north carolina
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: no just that the yard has to be mowed and the house has to be kept clean
JA: Anything else you want the lawyer to know before I connect you?
Customer: I paid my rent with a check that did not clear and as so as the landlord contacted me to tell me it was in a text message that also said he was starting eviction I told him I was very sorry and it was my mistake and I would pay the rent and any charges his back had charged him and I was sorry for the inconvenice and he replied that writing back checks was a feloney and he was also going to the DA and pressing charges for that also
JA: When we are ready I'll take you to the appropriate web page.
Customer: ok
Submitted: 8 months ago.
Category: Landlord-Tenant
Expert:  Phillips Esq. replied 8 months ago.

Hello: This is Phillipsesq. Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Expert:  Phillips Esq. replied 8 months ago.

I am sorry to read about your difficulties.

The Landlord cannot force you out without filing eviction action in Court first. There is no self-remedy to eviction action in North Carolina. This means at the expiration of the ten-day notice, the Landlord cannot change the locks or throw your stuff out to force you out. The Landlord must use the Court system to accomplish the eviction. This means that the Landlord must serve you with the Summons and a copy of the eviction complaint filed with the Court so that you can respond to it and tell the Court why you must not be evicted. See North Carolina General Statutes Chapter 42 Article 3.

As for the threat to report you to the DA for the bad check, so long as you explain to the DA what happened and that you have issued a replacement check to the Landlord, you should be fine.

Best wishes,