In NC Landlord took $100 partial rent payment can he still evict : ezLandlordForms

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In NC Landlord took $100 partial rent payment can he still evict

Karen R

started a topic over 14 years ago

Landlord sent 10 day pay and quit letter, but because he took $100 on first, can he still evict tenant when the full amount of rent that is due isn't paid, after tenant received P&Q letter?

1 Comment

Donna

said over 14 years ago

If you are proceeding with an eviction, you may not accept rent from the tenant. If you do, they can assert that you waived the breach. It is best to accept it in full or not accept it at all. There is some opinions and in some states it may work, to have the tenant sign an "acceptance without waiver" notice. But in many states this is not an option and I do believe that NC is one of them.