NC · jury_instructions
N.C.P.I.—Civil 845.15
SUMMARY EJECTMENT - DEFENSE OF WAIVER OF BREACH BY ACCEPTANCE OF RENT.
This issue reads:
"Did the landlord waive the tenant's breach of the lease (state
provision in lease that is contested, e.g. prohibiting tenant from keeping
pets; requiring tenant to pay the rent by the first of the month)?" You
will answer this issue only if you find in favor of the landlord in the (state
number) issue concerning the tenant's breach of the lease.
On this issue the burden of proof is on the tenant. This means
that the tenant must prove, by the greater weight of the evidence, that
the landlord accepted from the tenant rent coming due after the breach of
the lease with the knowledge that the breach had occurred.1
The law provides that if a landlord accepts rent that comes due
after a breach by a tenant, while knowing of such a breach, the breach is
waived and a landlord may not remove the tenant from the premises.
Finally, as to this issue on which the tenant has the burden of
proof, if you find by the greater weight of the evidence that the landlord
waived the tenant's breach of the lease, then it would be your duty to
answer this issue "Yes" in favor of the tenant.
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 landlord.
History
N.C.P.I.—Civil 845.15 (December 1992). Prepared by the North Carolina Conference of Superior Court Judges' Committee on Pattern Jury Instructions, assisted by the UNC School of Government; published by the School of Government.
Provenance
- Source
- sog.unc.edu
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
28759409b6e8648226a7cec1210b7a8a223927544f420926cb078e5ae39bc96d
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