Is it Legal for a Lease to Provide for a Landlord's Immediate Entry Upon Default

My question involves landlord-tenant law in the State of: NC

The a clause in my lease states that upon tenant default (for ANY reason), the landlord can immediately enter and begin removing property with no liability to the landlord for trespass. This makes them able to take my property without formally evicting me. Is it legal to put this clause in a lease in NC?

It is a residential lease. I read it and asked the landlord about the implications of the clause. I am pretty sure the landlord lied to me. I am not that great at reading legal documents, my field of study is biology.

The clause in your lease as you describe is not enforceable. If your landlord enters the property without your permission or with the proper notice, he is guilty of trespass.

North Carolina law is clear on the matter. 42-26 describes when a landlord may evict a tenant and violation of the lease is included. However, the eviction must follow the guidelines as set forth in 42-38 (et al) which describes the eviction process including the landlord filing in court for an eviction notice and you getting the opportunity to defend yourself. Furthermore, 42.25.6 specifically states that the landlord must follow the law as laid out in statutes, which means the landlord cannot void or force you to waive your rights as a tenant in this case.

§ 42-25.6. Manner of ejectment of residential tenants.
It is the public policy of the State of North Carolina, in order to maintain the public peace, that a residential tenant shall be evicted, dispossessed or otherwise constructively or actually removed from his dwelling unit only in accordance with the procedure prescribed in Article 3 or Article 7 of this Chapter. (1981, c. 566, s. 1; 1995, c. 419, s. 1.1.)

Quote:

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Quoting HenryIV

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Id not pick a fight .

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Too late for that.

OP's already up to his neck in trouble.

See:

http://www.expertlaw.com/forums/show...ht=#post959879

Yeah he threatened to arrive with the cops and throw me and my roommates in jail for trespassing (without formally evicting me). He showed up a couple days ago with a dumpster and began throwing things away... I recorded everything, including him lying and making repeated legal threats. I don't know if it is worth it to sue or not.

Thank you all for your help. I dealt with the troublesome subtenant and warned the others of what might happen before he came. Considering that I have witnesses and audio/video evidence of him lying/throwing things in a dumpster I will probably sue.