North Carolina  |  Landlord & Tenant Law

Legal Question

Asked on: 6/16/10, 11:06 am

Our tenant has abandoned our property without notice. However, she was always late on her rent by 20days at least, every month since she moved in. In April she wrote us a worthless check, well I held onto it. This month when rent was due I cashed it, once I verified the funds were there, so technically she is paid up till June 30th.

Question is, can I send the adandonment notice? She HAS moved out, as she works with my MIL and told several people at her work and she posted it on her FACEBOOK!!

How do I proceed to go after her for the remainder of the lease which is not up till Oct 31st?

1 Answer

Answered on: 6/16/10, 2:15 pm by Jeff Rosner

If she has left, you need to try to mitigate your damages by reletting it. If she has a security deposit, you need to account for that. A lot depends on the terms of your lease. In a typical lease, you can apply security deposit to any damages and unpaid rent. Then you try to relet the premises and sue her for the remainder of rent she owes (Plus any excess damages). Wait until November so you know your actual damages.

- Jeff

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Rosner Law Firm P.A. 1301 Larkhall Court Cary, NC 27511

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