Can my landlord evict me after being 1 day late on the rent?

Can my landlord change my locks and file for eviction in court on the 6th when my lease says the rent is late on the 5th? She gave no notice and did everything while we were in another state attending my boyfriend’s (who is also in the lease) mother’s funeral. She said I have until today at noon to have everything out. Is this legal? Do we have to be out today?

Asked on December 12, 2011 under Real Estate Law, North Carolina

Answers:

Sharon Siegel / Siegel & Siegel, P.C.

Answered 8 years ago | Contributor

I agree with the previous answer you got.  Also, it would usually state in your lease a number of days for a late payment and one is certainly not the standard.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

1) A landlord may NEVER evict a teant by simply changing the locks; landlords must ALWAYS go through the courts to evict. You do not need to leave until a court grants a judgment of possession and a court officer locks you out.

2) A landlord may file for eviction as soon as a tenant is late, for any reason, with the rent--even one day late.

3) If you pay the late rent prior to the judgment of possession being granted, you should be able to avoid eviction. If the landlord refuses to accept your rent, bring it with you to court, indicate that you tried to pay it and are ready to pay it now.


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