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Forfeiture Clauses
Is this a forfeiture clause? Yes No
What triggers it? _________________________________________________________
What procedure is required to exercise it?_______________________________________
What does it give the LL a right to do?__________________________________________
Is this a forfeiture clause? Yes No
What triggers it? _________________________________________________________
What procedure is required to exercise it? ______________________________________
What does it give the LL a right to do? _________________________________________
(^1) Edited for improved readability
If the Lessee shall fail to pay any installment of rent when due and payable or to perform any of the other conditions as herein provided, such failure shall at the option of the Lessor, terminate this lease and upon one days notice to the Lessee the Lessor may without further notice or demand reenter upon and take possession of said premises without prejudice to other remedies, the Lessee hereby expressly waiving all the legal formalities.
Stanley v. Harvey, 90 N.C. App. 535, 538, 369 S.E.2d 382, 384 (1988)
Should the Defendant remain in default of the lease for 30 days following notice from the Plaintiffs of default, the Plaintiffs may thereupon enter upon the premises and expell (sic) the lessee (Defendant) therefrom, without prejudice to any other remedy which the lessor, his executors, administrators or assigns may have on account of such default.
Menache v. Atl. Coast Mgmt. Corp., 43 N.C. App. 733 (1979)
Is this a forfeiture clause? Yes No
What triggers it?__________________________________________________________
What procedure is required to exercise it?_______________________________________
What does it give the LL a right to do?__________________________________________
Is this a forfeiture clause? Yes No
What triggers it? ______________________________________________________
What procedure is required to exercise it? ___________________________________
What does it give the LL a right to do? ______________________________________
In a default other than failure to pay rent, the lessor will take no action to effect a termination of the lease without first giving the tenant a reasonable time to cure the default. Upon the payment of the rent and performing the other terms of the lease, the lessee shall have the quiet enjoyment of the property.
Couch v. ADC Realty Corp., 48 N.C. App. 108, 113, 268 S.E.2d 237, 241 (1980)
Tenant shall pay Landlord the weekly rent of $100.00 per week, payable on Friday. In the
event the rent is not paid on Friday, tenant will vacate by Tuesday.... In the event of any
breach of the payment of rent or any other allowed charge, or other breach of this Lease,
Landlord shall have full rights to terminate this Lease in accordance with state law and re-
enter and reclaim possession of the leased premises, in addition to such other remedies
available to Landlord arising from said breach.
Stines v. Carter, 240 N.C. App. 295, 772 S.E.2d 264 (2015) (unpublished per Rule 30(e).
Is this a forfeiture clause? Yes No
What triggers it? ______________________________________________________
What procedure is required to exercise it? ___________________________________
What does it give the LL a right to do? ______________________________________
In the event that you fail to comply with any one or more of the terms and conditions contained herein or referenced hereto, or should you fail to perform any other promise, duty or obligation herein agreed to or imposed by law, any such failure shall constitute your immediate and instant default of this agreement without notice or warning of any kind to you. Upon any default by you, we shall be entitled to collect from you any and all expenses, damages, and costs (including reasonable attorney’s fees and court costs) arising out of or in any way relating to said default. In the event of a default by you, we may, with or without notice to you, do any one or more of the following acts: (1) terminate your right to possession of the home without terminating this agreement, and/or (2) terminate this agreement. Excerpted from AANC lease 2008.
Events Constituting Breach: It shall constitute a breach of this agreement if Tenant fails to (i) Pay the full amount of rent herein reserved as and when it shall become due hereunder; or (ii) Perform any other promise, duty, or obligation herein agreed to by him or imposed upon him by law and such failure shall continue for a period of five (5) days from the date the Landlord provides Tenant with written notice of such failure. In either of such events and as often as either of them may occur, the Landlord, in addition to all other rights and remedies provided by law, may, at its option and with or without notice to Tenant, either terminate this lease or terminate the Tenant’s right to possession of the Premises without terminating this lease. NCREC Standard Form 410-T (2006)
