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  1. #1
    Join Date
    Oct 2011
    Posts
    2

    Default Landlord Needs to Break Lease

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

    I am a landlord and I just rented my property out in August. I live out of state and need to move back to NC. Can I ask my tenant to move and if I do what do I need to do and how long do I give them. Here is a part of the lease that I see might help me:

    DEFAULT. If Tenant fails to comply with any of the material provisions of this Agreement, other than the covenant to pay rent, or of any present rules and regulations or any that may be hereafter prescribed by Landlord, or materially fails to comply with any duties imposed on Tenant by statute, within ten (10) days after delivery of written notice by Landlord specifying the non-compliance and indicating the intention of Landlord to terminate the Lease by reason thereof, Landlord may terminate this Agreement.

    Tenant has let her boys ages above 21 move their girlfriend in.

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Landlord Needs to Break Lease

    Is this a month-to-month tenancy? If not, when does it expire?

    What provision of your lease would prohibit the girlfriend from moving in?

  3. #3
    Join Date
    Oct 2011
    Posts
    2

    Default Re: Landlord Needs to Break Lease

    This is a yearly lease. She moved in the end of Aug.2011 so it doesn't end till Aug. 2012.
    Tenant and one son is on the lease. Since I'm out of state she sent lease back with her other son and a dog on it hand written in. Now I find that another person is living there. My lease says:

    "USE OF PREMISES. The Premises shall be used and occupied by Tenant and Tenant's immediate family, consisting of one son exclusively, as a private single family dwelling, and no part of the Premises shall be used at any time during the term of this Agreement by Tenant for the purpose of carrying on any business, profession, or trade of any kind, or for any purpose other than as a private single family dwelling.
    Tenant shall not allow any other person to use or occupy the Premises for more than 48 hours or without first obtaining Landlord's written consent to such use, or Landlord may terminate this Agreement. In the event any guest stays longer than 48 hours, a fee of $50 per day shall be charged."

    I do not rent to multiple families under one roof!

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