What is a Notice to Quit in an Eviction for My Fayetteville, North Carolina Property
What is a Notice to Quit in an Eviction for My Fayetteville, North Carolina Property
As a property investor in Fayetteville, North Carolina, there may come a time when you have to provide notice to a tenant of certain violations of the tenant’s lease agreement. Whether you plan on evicting the tenant, or simply want to let them know that they are violating a term, is immaterial.
There are generally three types of notices to quit.
The first is a notice to quit when the tenant hasn’t paid rent. This notice informs the tenant that rent is past due, and affords the tenant to make payments (including interest and penalties). In simple terms, you are informing the tenant that they must pay rent, or quit the lease and vacate the premises.
Second, is a notice to the tenant when the tenant has caused injury or damage to the property. This informs the tenant that the tenant has violated the lease agreement, and that the tenant must correct the damage or injury, or pay for the repairs. In the event the tenant does not correct the damage, you can begin the eviction process.
Third, is a notice to quit when the tenant has stayed past the term of their lease, without subsequently entering into a valid lease. This is commonly referred to as a holdover tenant.
Unless specifically spelled out in the lease as a non-curable violation, landlords are generally required to provide the tenant with an opportunity to cure the defect. Generally speaking, in North Carolina, this is a period of 10 days.
If the tenant fails to cure the defect, your next step is to begin eviction proceedings.
It is also important to note that, under North Carolina law, the notice to quit must be properly served on the tenant. If the notice is not properly served, the tenant is not in receipt, thus, you cannot begin the eviction process without proper service.
The key takeaway is that your notices must be made in accordance with the law in order for you to exercise any cause of action in North Carolina courts. It’s very easy to allow emotions to run the show, and this is where a lot of landlords fall short.
When you made the investment in your property, you took the time to consider your options, weigh the financial pros and cons, and then went through the lengthy loan process to obtain a loan in excess of $100,000.
When dealing with the possibility of evicting tenants, you should be equally as diligent in your preparation. You can do it on your own, but the best course of action is to sometimes reach out to those who have experience with these matters.
That’s where a competent property management company is your best ally. And Linchpin Property Management is on your side.
Ensuring that the notice is correct in form, substance, and service can be a headache for you as a property investor. With over 36 years in legal, real estate, and property management in Fayetteville, North Carolina, we can provide you with the best property management service to make sure all your bases are covered.
Get access to your free Landlord Eviction resource by filling out the form below, and begin the path towards better and more effective real estate investment management.
The Team at Linchpin Property Management