Can my landlord evict me for non-payment of rent after a judgement was brought againt me if they accept monies towards the debt within the 10 day grace peroid?

Tha is within the 10 day grace peroid before the writ of execution. They said in an email that if I pay any money during that time that they will not go through with the eviction.

Asked on September 21, 2012 under Real Estate Law, North Carolina


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Assuming you have a judgment of eviction you essentially are at the mercy of your landlord with respect to payment of what is owed in the ten (10) day grace period before the writ of execution if you pay what is owed in exchange for representations of not being evicted.

I suggest that you consult with a landlord tenant attorney to draft an agreement/receipt to be signed by your landlord upon payment of the rent owed that you will not be evicted over this issue. Have several copies in hand for you and the landlord. Make sure you pay by check or at least get a receipt for the payment.

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