Help me in NC - Eviction pending

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puffyluv

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I need to get out of a commercial lease. I had defaulted on my rent, they accepted that along with my verbal promise to try to pay it all back ASAP 1/4 per month and continued taking payments. I was only able to keep current in these slower summer months, not pay back rent. However, now, without ever even notifying me they were going to do so, they have filed a summary of ejectment. I just found out that landlords ARE responsible for things like my water heater even though they say they aren't in the lease. Since I have no evidence of my verbal conversations with them about repairs (and them refusing all of them) is it now too late to try to break lease this way? Or should I submit a few repairs in writing before the court date next week? I feel sure they will just deny the repair - will this get me out of the rest of the three years I should be here and let me move?
 
Sounds like you didn't keep your verbal promise to pay them back what you owed. It would appear you gave them no option but to file for eviction.

They don't have to notify you that they are going to go for an eviction. You typically find out when you are served.

Submitting a written request for repairs now will only make it seem like you are doing, well, what you are doing; trying to get out of your lease after you've been served for the court date.

Gail
 
Thank you for what I am choosing to believe was meant to be help. However, does anyone have anything a little more productive? This doesn't have to be personal - for instance, here in NC there is a law stating that if rent is accepted after payments have been missed, the late payments cannot be demanded. I just wanted to walk in there with my whole arsenal straight and thought this site may help.

So, even though this summons states "the plaintiff has demanded possession of the premises from the defendant, who has refused to surrender it" that doesn't have to be true? Really? Why can they state that in the Complaint in Summary Ejectment if it is not true?

Please, no more comments that can be taken as an attack on moral character. If you have no help to provide, opinions are certainly not needed, thank you.
 
Yes; in a fair number of states if the landlord accepts even partial payment of rent this negates the eviction process. However, this typically involves landlord/tenant relationships; commercial leases often have a different set of rules.

I realize you are trying to look at every angle in dealing with this (and you can, of course, bring this partial rent payment business up and see how the judge responds).

Gail
 
Thank you so much - I wanted to know whether it would even be appropriate to mention. I am certainly not trying to skate out on all of this, I just can't see being forced to pay for three years that I am not here. Also, I was wondering whether it would matter that they verbally promised they would have the neighboring spaces filled up in a year - and it has been almost three. Don't they have a legal responsibility to really try to rent my space? Is that perhaps another thing to mention if they do wind up sticking me with three years? I mean, this NEW shopping center is STILL a ghost town........
 
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