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Does Drafting a Contract Really Require Learning Legalese?

Attorneys are often accused of writing overly complex and confusing documents, and nowhere does this seem to occur more often than in contracts – whether leases, purchase agreements, settlement agreements, or non-compete agreements. This type of writing includes phrases that only seem to exist in old books and new contracts – for example, “hereinbefore” instead of “above.” There are a few reasons that lawyers tend to use these phrases – …Read More

Accepting Partial Rent and Retaining the Right to Evict

Landlords are often faced with a situation where they are seeking to evict a tenant, who then attempts to pay part of what is owed.  Until very recently, our advice was always to refuse partial rent payments unless the landlord was willing to delay the eviction.  That’s because of a very old rule in North Carolina law that accepting rent with knowledge of a breach of the lease waives that …Read More

Summary Ejectment In North Carolina

The question we get asked more often than any other from landlords is, “My tenant is not paying rent – can I change the locks?”  The answer is a resounding “NO!”  This is particularly true with residential tenants, but is also the safest course in commercial leases.  Instead of resorting to “self-help” by changing the locks, the process for evicting a tenant in North Carolina is called summary ejectment, and …Read More

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