N.C.P.I.—Civil 845.10

NOTE WELL: Use this instruction when the term of the

lease has ended but the tenant is still in possession of

the premises. If the tenant has breached the lease

and is being sued before the end of the lease term, use

either N.C.P.I.-Civil 845.00 or 845.05.

This issue reads:

"Is the landlord entitled to possession of the leased premises?"

On this issue the burden of proof is on the landlord. This means

that the landlord must prove, by the greater weight of the evidence,

three things:

First, that the tenant took possession of the premises under a

lease with the landlord.1 A lease is a contract for the exclusive

possession of a premises. A lease may be written or verbal.2

Second, that the lease

[by its terms ended on (state date).]

[was terminated3 by the landlord effective (state date). To

terminate the lease effective (state date), the landlord must have given

the tenant

(two days prior notice before the end of the week because the

tenant's tenancy is from week to week)

(seven days prior notice before the end of the month because the

tenant's tenancy is from month to month)

(thirty days prior notice before the end of the year because the

tenant's tenancy is from year to year)

(thirty days prior notice before the end of the [week] [month]

[year] because the premises rented by the tenant is a mobile home

space)

(state prior notice required by the lease)].

The notice given by the landlord need not be in any particular form,

and may be written or verbal.4 It must be sufficient to put the tenant on

notice that the lease will terminate at the end of the period and that the

tenant must vacate at that time.5]

And third, that the tenant did not vacate the premises after (state

date).6

Finally, as to this issue on which the landlord has the burden of

proof, if you find by the greater weight of the evidence that the landlord

is entitled to possession of the leased premises, then it would be your

duty to answer this issue "Yes" in favor of the landlord.

If, on the other hand, you fail to so find, then it would be your duty

to answer this issue "No" in favor of the tenant.