Can I be evicted for not paying rent before the end of my lease if I’m waiting for a disability hearing that takes place a month afterthe leaseends?

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Can I be evicted for not paying rent before the end of my lease if I’m waiting for a disability hearing that takes place a month afterthe leaseends?

I was in a car accident (it was the other driver’s fault) that severely injured my spine, so it took a lot of money out of my pocket since I have no health insurance. I am waiting for a trial in April to get disability, but my lease ends in March and I can’t get a job because I’m physically hurt. My lawyer sent the landlord 2 letters saying I will pay them after my disability hearing in April. But my hearing takes place a month after my lease ends. I haven’t been able to pay rent since December. Can the landlord evict me immediately or how long do I have until I have to move out?

Asked on February 6, 2011 under Real Estate Law, North Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your situation. And although it is really understandable given the situation and the circumstances that occurred, your landlord does not really have to cut you any slack.  Your lease is a contract and if you do not live up to your end of the contract your landlord can do what he has to get you out of his property.  He does not have to wait.  Now, evictions are generally known as "summary proceedings" meaning that it is suppose to be a fast paced proceeding from beginning to end.  It is not supposed to be a long and drawn out process.  But there is a process none the less.  In your case probably a notice to pay or quit (in some states a 3 day notice).  If the notice is not complied with then the landlord must start an eviction.  It could really be only a matter of weeks that you have before you are kicked out.  I think that you should ask your attorney to do a little more here.  Good luck.  


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