Legal Opinion

Gardner v. EBENEZER, LLC

Court of Appeals of North Carolina

Decided May 6, 2008No. COA07-1190Published

1Opinion of the Court

WYNN, Judge.

Where a commercial lease does not expressly provide for the lessor’s reentry upon the tenant’s nonpayment of rent, forfeiture of the lease is implied upon the tenant’s “failure to pay the rent within 10 days after a demand is made by the lessor . . . for all past-due rent!.]” 1 Here, the lessee and sub-lessee argue that the trial court erred by granting summary ejectment against them and in favor of the lessor. Despite the lessor’s failure to repair the property after a fire, because the tenants failed to pay rent, we affirm.

Defendant-appellee Joseph P. Speight, III is the owner…

2Cases cited7 opinions

  1. Brewington v. LoughranSupreme Court of North Carolina · 1922
  2. Jordan v. . MillerSupreme Court of North Carolina · 1919
  3. Dixie Fire & Casualty Co. v. Esso Standard Oil Co.Supreme Court of North Carolina · 1965
  4. K & S ENTERPRISES v. Kennedy Office Supply Co., Inc.Court of Appeals of North Carolina · 1999
  5. Are-100/800/801 Capitola, LLC v. Triangle Laboratories, Inc.Court of Appeals of North Carolina · 2001

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