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Can a landlord legally ttake my late rental payment and give…

Customer Question
can a landlord legally ttake...
can a landlord legally ttake my late rental payment and give me eviction papers in the same day
Submitted: 1 month ago.Category: Landlord-Tenant
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Answered in 18 minutes by:
3/15/2018
Lawyer: legalgems, attorney replied 1 month ago
legalgems
legalgems, attorney
Category: Landlord-Tenant
Satisfied Customers: 12,570
Experience: Just Answer consultant at Self employed
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What state is this in regards ***** *****?
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Customer reply replied 1 month ago
north carolina
Lawyer: legalgems, attorney replied 1 month ago

Thank you - the relevant statute is below with an explanation to follow:

§ 42-3. Term forfeited for nonpayment of rent. In all verbal or written leases of real property of any kind in which is fixed a definite time for the payment of the rent reserved therein, there shall be implied a forfeiture of the term upon failure to pay the rent within 10 days after a demand is made by the lessor or his agent on said lessee for all past-due rent, and the lessor may forthwith enter and dispossess the tenant without having declared such forfeiture or reserved the right of reentry in the lease. (1919, c. 34; C.S., s. 2343; 2001-502, s. 2; 2004-143, s. 1.)

https://www.ncleg.net/enactedlegislation/statutes/pdf/bychapter/chapter_42.pdf

So essentially the landlord must give the tenant the notice to "cure" or remedy/fix the nonpayment. This notice can be given 1 day after rent is due. The tenant can fix the issue by paying rent -unless there is a forfeiture clause in the lease which states the landlord may proceed with the eviction process.

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Customer reply replied 1 month ago
there was no thing said until after rent paid along with late fee. then given letter datted two days before paid. letter dated march 12 received letter on the 14th
Lawyer: legalgems, attorney replied 1 month ago

The right to cure means that once the tenant pays the landlord cannot go forward with the eviction process- unless the lease states otherwise.

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Lawyer: legalgems, attorney replied 1 month ago

Hello; just checking in on the above.
If you have further questions please post here and I will do my best to get you the requested information.
Otherwise
kindly rate positively (hopefully you feel I have earned 5 stars) to help maintain my high customer satisfaction score and so I know you were satisfied with my services.

The above information is for educational purposes only. An attorney in one's jurisdiction can be located at https://www.americanbar.org/groups/legal_services/flh-home.html
Thank you.

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