Legal question about terminating right of possession and terminating lease

Legal question about terminating right of possession and terminating lease

Durham, NC · Member since 2013 · 502 posts · 215 votes

I have a question in regard to ending a tenancy through the eviction process.. In the eviction process in NC I file for a writ of possession in order to get the tenant removed. Once executed, I understand that this ends the tenant's right of possession of the property. The rental contract also speaks about terminating the lease. Does that mean I also need to unilaterally terminate the lease in a separate document or does the writ of possession do both?

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  • Nathan GesnerBusiness Member
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    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    3y
    Quote from @Andreas W.:

    I have a question in regard to ending a tenancy through the eviction process.. In the eviction process in NC I file for a writ of possession in order to get the tenant removed. Once executed, I understand that this ends the tenant's right of possession of the property. The rental contract also speaks about terminating the lease. Does that mean I also need to unilaterally terminate the lease in a separate document or does the writ of possession do both?


    The Writ of Possession serves as the termination notice. Nothign more is needed.

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  • Real Estate Agent · Little Rock, AR · Member since 2022 · 83 posts · 63 votes
    3y

    The Writ should take care of both. Congrats on getting the Writ! 

  • Durham, NC · Member since 2013 · 502 posts · 215 votes
    3y

    @Erin Dreher@Nathan Gesner

    Thank you guys. I was afraid I had overlooked something.

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