QUESTION

Can a tenant who has been renting a place for over a year and has less than a year before the lease expires not be evicted for a 90 day period?

Asked on Feb 23rd, 2013 on Landlord and Tenant Law - North Carolina
More details to this question:
I have been living in this apartment for over a year, and always paid on time. Now, I lost my job and can't afford paying the rent. Is it true that if a tenant has been renting an apartment for over one year and has less than a year for the contract to expire, and stopped paying rent, can not be evicted before 90 days?
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7 ANSWERS

No. If you don' pay rent, you can be evicted. If you are paying rent, you can't be evicted for 90 days if the owner loses the place to foreclosure.
Answered on Feb 26th, 2013 at 6:40 PM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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No, that's not true, at least not in California. Once you have failed rent as required, you are in breach of the lease and can be evicted.
Answered on Feb 25th, 2013 at 8:48 PM

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Estate Planning Attorney serving Wilmington, DE at Reger Rizzo & Darnall, LLP
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No, all landlord needs to do is send you the 5-day notice then they can file summary possession proceedings.
Answered on Feb 25th, 2013 at 2:20 PM

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There is no such requirement in Washington unless your rental agreement provides for something like that in writing. Generally, if you do not pay rent, it is considered a breach of the agreement and your landlord must give you a 3-day pay or vacate notice. If you do not pay within 3-days (3 actual days, not business days) your landlord can begin an unlawful detainer action to evict you. If you cannot pay the rent, you should attempt to discuss the situation with your landlord right away. It is usually better to do this than ignoring the issue and leaving your landlord in the dark. That will almost certainly lead to an eviction. If you communicate with your landlord, you are more likely to work something out.
Answered on Feb 25th, 2013 at 2:20 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Not in Michigan, prepare to move if you are not paying your rent.
Answered on Feb 25th, 2013 at 2:19 PM

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Chapter 13 Bankruptcy Attorney serving Winston-Salem, NC at Love and Dillenbeck Law
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It depends on what state you are in but I am not aware of such a rule. Typically the terms of the contract would apply. If the lease calls for rent each month, the landlord would have the right to follow proper procedures for an eviction if it is not paid.
Answered on Feb 25th, 2013 at 2:18 PM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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If you breach the lease, the landlord can start an eviction action and you may be out in 45 - 60 days.
Answered on Feb 25th, 2013 at 2:18 PM

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