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North Carolina Pay or Vacate Notice

Discussion in 'Commercial Landlord & Tenant Issues' started by VeteranNoire, Jun 12, 2018.

  1. VeteranNoire

    VeteranNoire Law Topic Starter New Member

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    Jurisdiction:
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    Hello all! I must say that I am very thankful that this site exists.

    Info:
    I have a 10-day pay or vacate notice. It expires on 17June2018 which is a Sunday. I am a reservist and have orders to go out of the country for two weeks(14June - 29June). I will not be able to pay my rent until 22June2018 and will be ok with paying the next month's rent on the first. I have expressed this and am told by the property manager that I still must pay before 17June2018 or vacate the premises.

    Questions/concerns:
    1. If I pay the due base rent plus additional fees, is it the landlord's choice to accept the rent and stop legal proceedings or do they HAVE to accept tender as cure of the default on rent?
    .
    2. Do I have ANY protections under the SCRA from now until my orders end and if so, what are they? (I looked it up myself and am a bit confused on rather I am protected or not.)

    3. In the pay or vacate notice, it expires on Sunday, but they close on Sunday. Yet they have a way to pay electronically. Does that change the expiration date of the 10-day notice? Just curious.

    4. Can my landlord force me to pay next month's rent(July) and the late rent together or not at all before the July rent is even due? (I have faced that issue before two years ago and they said that the case would not be dismissed unless both the late rent and next month's rent was paid, even though the court case was scheduled for the 27th of the late rent month.)

    5. I have not yet received the pay or vacate notice in the mail or on my door, but only in an e-mail as an attachment. Does the 10-day period start from the time the letter was written, from the time I replied to the e-mail with the attachment or from the time that it shows up in my mailbox??

    I know this is a lot but I need help fast. Thank you very much for all that reply.
     
  2. mightymoose

    mightymoose Well-Known Member

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    1. If you pay before time expires the landlord should accept it. If you pay after then he may refuse. He might refuse anyway, but it leaves him on shaky ground if he proceeds further claiming non-payment.

    2. Personally I don't think you have protection here. You are already late and are not deployed. Being out if the country a week from now does not prohibit you from paying your rent on time. The 17th is a deadline, not a due date. Your landlord wants to be paid NOW. If you are going to be away there are numerous ways to handle your affairs.

    3. It depends on your state statute and whether it requires business days or calendar days. It is in your best interest to not wait until the last day anyway.

    4. Your landlord can't force you to do anything. He can request that you pay July early, but it is not due until the time specified in the lease.

    5. If your state will accept email as a valid notice I suspect the clock started when it was sent, not when you received it. This notice is not a formal notice from the court but a stepping stone rewired to begin an eviction. It is more important that the landlord follow the eviction process accurately. Having responded to the email you essentially acknowledged receipt, so you won't have an argument to make about the notice regardless of how it was sent.

    It seems you are playing games with the landlord. If you are unhappy with your living arrangement you should seek a new place to live immediately. You are unlikely to get the upper hand on the landlord and the consequences can be a long term problem for you.
    Pay your rent or move out, but know that if you don't pay by the end of 10 days you are not immediately forced out. You must still be evicted. You will be at the mercy of the landlord if your desire is to stay.
     
  3. VeteranNoire

    VeteranNoire Law Topic Starter New Member

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    @mightymoose
    Thank you for your professional advice. It was helpful.
    I am not playing games. I work hard 6 days a week to provide for my 3 children. I recently got injured so my paycheck last week was very short. I have half of the rent. Landlord won't accept it. I'm trying to keep from being evicted. That's why I came here.
     
  4. mightymoose

    mightymoose Well-Known Member

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    Just to be clear this is about your residence, correct?
    It is posted in the commercial section which suggests it is for a business.

    An eviction takes longer than 10 days, but you don't want to get very far down that road.
    You should pay your rent ASAP. Get a loan, borrow, do what you have to do, but pay your rent to protect your home. Remember you have been given a deadline, not a due date.You are already past due.

    If you are leaving the country then use the electronic iron to pay, but make sure it is done in time to process. If you do it on Sunday it may not be processed until Monday and could be late. Don't wait.
     
  5. VeteranNoire

    VeteranNoire Law Topic Starter New Member

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    Thanks. My apologies for posting in the wrong category.
     
  6. Disabled Vet

    Disabled Vet Active Member

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    You need to pay the rent..... Take out a short term disability policy to prevent this from happening. I would also like to know why your going out of the country for a two week drill? You can post date checks to cover the time frame that your gone. Your military drill doesn't cover the fact your already late. Good luck and have fun during your drill weeks.
     

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