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GARDNER v. EBENEZER, LLC

No. COA07-1190.

660 S.E.2d 172 (2008)

C. Tom GARDNER, Plaintiff v. EBENEZER, LLC and Joseph P. Speight, III, Defendant.

Court of Appeals of North Carolina.

May 6, 2008.

Attorney(s) appearing for the Case

Aldridge, Seawell, Spence & Felthousen, LLP, by W. Mark Spence, Manteo, for plaintiff-appellant.

Hornthal, Riley, Ellis & Maland, L.L.P., by M.H. Hood Ellis and L. Phillip Hornthal, III, Elizabeth City, for defendant-appellant Ebenezer, LLC.

Gray & Lloyd, by E. Crouse Gray, Jr., Kill Devil Hills, for defendant-appellee Speight.

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...

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