Does anyone know the correct verbage needed in a lease that basically says the tenant has 'No Right To Cure'
This would need to be written to withstand North
Carolina Tenant Law. Thanks for the responses/
Could be a non enforceable clause if going against local law!
Go to Office Max or a similar big box office supply store - in the business forms section, the sell residential leases. If you don't want to pay for a lease, contact your local bar association or a local real estate company to see if you can obtain the state-approved residential (or commercial if that applies) lease agreement. Save yourself any future headache - Don't try to write a lease yourself unless you are an attorney.
Answer:
Taken from
American Jurisprudence Legal Forms 2d
Database updated November 2006
Chapter 161. Leases of Real Property
IV. Optional Lease Provisions
S. Default and Surrender
§ 161:942. Default by lessor--Lessor's right to cure
Lessor may, but shall not be obligated to, cure any default by lessee, specifically including but not limited to lessee's failure to obtain insurance, make repairs, or satisfy lien claims. Whenever lessor elects to cure any default by lessee, all costs and expenses paid by lessor in curing the default, including but not limited to reasonable attorney's fees, shall be deemed additional rent and shall be due on the next rent date after such payment, together with interest (except in the case of attorney's fees) at the highest rate then payable by lessee in [state], in which the premises are located, or, in the absence of such a maximum rate at the rate of [percentage]% per annum, from the date of the advance to the date of repayment by lessee to lessor.
This is a generic section released by American Jurisprudence. Your state does not release its own practice manual for as far as I can tell. This is also my best guess of what you are looking for, but I can't tell not knowing your situation or the way the law works in your state.
Any lease would need to comply with your state statutes which would be
NC ST § 42-42
Article 5. Residential Rental Agreements
You need to consult an attorney to get a guarantee that any provision would conform to the law. No one here can give you that guarantee (if they do, they are opening themselves up to liability), and no one would be willing to give you that guarantee without a fee.
There is probably a neighboring landlord association. The community should be able to help you with this sort of thing.
Hope this puts you on the right track for finding what you are looking for!
