When can I evict?

[voni44]

I went through a broker to rent my home in NC. The broker made up the one year lease agreement and it was signed by the tenant and the broker before I reviewed it. I agreed to let the tenant move in before I signed and returned to the tenant/broker :
The broker is responsible for obtaining the rent for a 10% fee. The tenant is 12 days late on their first month payment. The lease only states the rentor is responsible for payment but there is no language specific to delinquency of payment or eviction. I'm hoping the tenant pays soon...but if not how long must I wait before I can petition the court for an eviction notice? Do I have to honor the one year agreement if I don't mail back the lease?
P.S. I did accept and cash a check for a security deposit.

 

[Gail_in_Georgia]

Not a good idea to allow a tenant to move in unless all paperwork has been signed.

In the absence of a lease, a tenant is assumed to be a month to month renter. As such, a landlord need only give a 30 days notice to "quit" (i.e., leave the unit). No reason need to be given (although the most common reason is typically for nonpayment of rent).

If the tenant fails to do this after the deadline, the landlord can then begin the formal eviction process.

In the presence of a lease (and with nonpayment of rent), the first step is to send the tenant what is known as a "Pay or Quit" notice; a notice that specifies a certain amount of time (usually 3 to 5 days) for the tenant to pay the owed rent.

If you're paying a broker to collect the rent, how come they don't know these things?

Gail

 

[jacksgal]

I would consider firing the broker your dealing with. Gailis of course correct first action is a notice to pay or quit (according to your states laws) then you can begin eviction processs if still unpaid