Landlord Question and Answer Forum
I have a mobile home park in asheville, nc. Someone moed their mobile home ito my park March of 2009. He hasn't paid me anything since then. How do I take possession of his mobile home? I cannot even contact him now. He had his phone number changed. Please help me?
cynthia r, NC on Tuesday, June 1, 2010
RE: Please help me!!
North Carolina General Statutes 642-26 et seq. creates a statutory right for a landlord to institue a proceeding for Summary Ejectment of any tenant who has failed to do one of two things:
1.surrender possession of the leased premises after his lease term has expired (a.k.a. a holdover tenant); or
2.comply with the requirements of his lease, provided the lease allows for the termination of his right to possession in such event (most often by failing to pay rent or other fees in a timely fashion).
Before the action can be filed, however, the landlord must have given written notice to the tenant that his right to possession has been terminated as a result of the breach (either #1 or #2, above). The lease provisions are particularly important here and all requirements of the lease (e.g. prior written notices to the tenant or opportunities to cure any breach) should be closely followed to ensure the landlord's right to evict the tenant is preserved and not waived.
Posted by
Donna , NC
on
Friday, June 4, 2010
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