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Notice to pay or quit Eviction Notice

Discussion in 'Eviction, Recovery of Premises' started by ArmyMama12, Dec 14, 2014.

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  1. ArmyMama12

    ArmyMama12 Law Topic Starter New Member

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    I was served w a notice to pay or quit giving 9 days to pay past rent and power and property taxes or forfeit rental location to landlord on noon of 9th day every website I've found says that pay or quit notices can only include rent no utilities can someone please clear this up for me? Im pregnant and have 2 small children under 5yrs quite frankly I need all the time i can get. Thanks
  2. army judge

    army judge Super Moderator

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    If your husband is active duty service member and is deployed, an eviction might not be possible as easily as if he weren't.
    If you are an active duty service member, or the spouse of a deployed service member, discuss this with your base JAG.

    If you are married to an active duty service member, contact the Red Cross or your spouse's CO )if the spouse has abandoned you without support).

    One or both can possibly assist you and avoid the eviction.
    You may have certain options and remedies unavailable to the general public.
    Otherwise, please continue reading.

    North Carolina law requires the following notice to evict or vacate
    1. For non-payment of rent, 10 days
    2. A year to year lease, 30 days
    3. A month to month lease, 7 days
    4. A week to week lease, 2 days (not counting weekends)

    In case of non-payment of rent, if there is no written lease specifying the type of notice, the landlord must demand payment of the rent and wait 10 days before filing the complaint.

    A pay or quit notice isn't a court order.
    If you've received a nine day "pay or get" notice, its simply a request from the landlord to pay up, or get out.
    You can choose to ignore the request.
    If you do, the landlord will likely file an eviction suit on or after day 10.
    Upon filing the lawsuit, a deputy will serve you with the formal court papers and notices.
    You'll see a date, place, and time for the hearing.
    That usually occurs anywhere from six to eight weeks after you've been served, maybe more during the holiday period.
    The day arrives, the hearing is held, you can sometimes offer to pay up in full in court, thereby avoiding eviction.
    If that doesn't happen, and you have no valid legal defenses, the judge will order you evicted.
    You usually get 48 to 72 additional hours to get gone.
    If you haven't got gone after the time has passed, the deputies will arrive and place your stuff on the curb.
    That is the formal eviction.

    Read this about eviction in Wake County:


    Eviction in Charlotte:


    Eviction in NC:

    Last edited: Dec 14, 2014

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