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Originally Posted by goldphoenix
Hi guys,
Thank you for your replies!
Charlesa6, thank you, but I'd really rather try to remain out of court if at all possible.
I'm located within the geographical boundaries commonly known as north carolina.
That's interesting Idknow!
North Carolina attorneys use the North Carolina General Statutes among others, but I have read somewhere in the statutes that the common law still applies or cannot be abrogated or something similar. So seeing as the main body of laws they use down at the courthouse are called Statutes I'm guessing that has sort of taken over the common law, at least so far as that is what the citizens are familiar with being charged with. Here's a link to the Statutes:
http://www.ncga.state.nc.us/gascript...s/Statutes.asp
Landlord Tenant Statutes are in chapter 42. http://www.ncga.state.nc.us/EnactedL...hapter_42.html
Can you please tell me how I can tell for sure if common law has been displaced by statute in any particular state? It would seem to me that a state cannot ever really displace common law and remain a republic or commonwealth state, but my understanding of many things of law are very limited.
I've found a few things but I'm not sure if they apply. I'm more curious to see what you gentlemen have to say.
goldphoenix |
Sure, it applies by the statue of common law or statutory law in any state.Written eviction notice the landlord must serve the tenant with written notice before filling a court case: There two type exception; 1. A lease can waive the right to notice; Ill.2d.1,370 N.E 2d 504 (1977); Frocks V. Ziff, 357 Ill. 497,74 N.E. 2d 699 (1947).
2. If the lease sets a fixed time for its expiration, no written notice is required.
It the landlord givess notices anyway, it must comply with the statue or local ordinaces can also require a written notice.
If you decided that you don't want to pursue the law suit, settlement will be the best to go. Talk to this guy, about working something out. Persuasive - (Yes) intimidation - (No). Work all the time!