North Carolina § 42-3 - Term forfeited for nonpayment of rent.

§ 42-3. Term forfeited for nonpayment of rent.

In all verbal or written leases of real property of any kind in which is fixed a definite time for the payment of the rent reserved therein, there shall be implied a forfeiture of the term upon failure to pay the rent within 10 days after a demand is made by the lessor or his agent on said lessee for all past-due rent, and the lessor may forthwith enter and dispossess the tenant without having declared such forfeiture or reserved the right of reentry in the lease. History (1919, c. 34; C.S., s. 2343; 2001-502, s. 2; 2004-143, s. 1.) Effect of Amendments. - Session Laws 2004-143, s. 1, effective August 1, 2004, deleted the former last sentence, which read: "Where a written lease establishes a monthly rent that includes water and sewer services under G.S. 62-110(g) , the terms 'rent' and 'rental payment', as used in this Chapter, mean base rent only." Legal Periodicals. - For article on defending the low-income tenant in North Carolina, see 2 N.C. Cent. L.J. 21 (1970). For a comment on landlords' eviction remedies in the light of Spinks v. Taylor, 303 N.C. 256 , 278 S.E.2d 501 (1981), and the 1981 Act to Clarify Landlord Eviction Remedies in Residential Tenancies, see 60 N.C.L. Rev. 885 (1982). For a comment on the Landlord Eviction Remedies Act in light of Spinks v. Taylor, 303 N.C. 256 , 278 S.E.2d 501 (1981), see 18 Wake Forest L. Rev. 25 (1982). For survey of 1982 law on property, see 61 N.C.L. Rev. 1171 (1983).