Housing: Tender of Rent

If you are being evicted for non-payment of rent ONLY, then you can stop the eviction by paying the rent and court costs at the hearing. This is called "Tender of Rent."

You can tender the rent if the landlord in the complaint has ONLY MARKED the first box in Paragraph #3 of the complaint which states: "The defendant failed to pay the rent due..."

You cannot tender rent and get the case dismissed if the landlord is evicting you for other reasons such as, breach of the lease or holding over at the end of the term.

At the hearing, you must bring the full amount of rent owed plus court costs and tell the magistrate that you are ready and able to pay it to the landlord.

You must offer the rent and court costs before the magistrate renders the judgment.

If you dispute the amount of rent owed, then ask the magistrate to determine the past due amount. Once the magistrate determines the amount owed, but before the magistrate renders judgment, you should offer the rent and court costs.

CHECKLIST

1. Determine the amount of rent owed.

2. If the amount of rent disputed produce all receipts showing how much you have paid.

3. Find out the amount of court costs.

4. Bring the rent owed and court costs to court (cash or money order)

5. Offer the rent owed and court costs to the Magistrate before the entry of judgment.

6.  

To find other Legal Aid of North Carolina materials, including any materials mentioned in this document, go to LawhelpNC.org/. If you need legal help please go to legalaidnc.org/.

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