Landlording: Evictions

Evictions are a part of the landlord program that often scare new real estate investors. I tend to get these last minute calls (sometimes while one is in route to their magistrate’s hearing) asking for advice when its to late.   As a landlord and property manager in Charlotte, North Carolina, I have handled hundred’s of evictions from standard non-payment issues to the uninhabitable code and expedited drug eviction issues.   Consistency, documentation, and preparation  are the key to eliminating sleepless nights prior to the court date and  winning the summary ejectment (eviction).

I must caution any reader that each State has a different set of Statutes that dictate the landlord-tenant laws and how evictions are handled. My experience is limited to handling evictions in Cabarrus, Gaston, Mecklenburg, and Union counties in the Charlotte, NC region.  I will also state that I’m not an attorney.   I represent only those cases in which I’m an owner of the property or as an agent for the owner.  These are my opinions and not to be construed as advice. Please use the  information as idea’s to be run by your own legal counsel.

Locally, we operate from the simple guideline of “No Pay, No Stay”.   Tenants rarely have any defense to a summary ejectment eviction case.

Evictions occur primarily based on nonpayment, breach of lease/rental agreement, and/or a hold over.   North Carolina requires a “Ten Day Notice” to cure said breach; however, this can be waived if stated in a signed lease/rental agreement. One cannot file the eviction paperwork (properly called a Summary Ejectment in NC) until the 11th day after this notice is delivered (by mail) or once breach occurs.

In our local market, one can typically count on a court date within 14-20 days of filing the eviction paperwork.   At the eviction hearing, the magistrate is primarily interested in the tenant proving that they have paid rent owed -that the landlord is evicting for.   That is what 99% of all cases are about.  Non-payment of rent.   Fortunately, our magistrates understand the realities and stick to facts.

So what does a landlord need?

If you’ve not witnessed an eviction hearing, I’d suggest going down to your local municipality/county courthouse and sit in on a few. You will learn the local nuances and factors that your courts focus on.  Remember to really listen & learn.   For a court hearing one should take the following:

  • Lease or Rental Agreement
  • Notice (10 day notice in North Carolina -if not waived in Lease)
  • Tenant Accounting Record
  • Notes on any correspondence
  • Any records in relation to the reason for the hearing

You would be surprised how many landlords show up without even proof of serving notice nor a copy of their lease.   Guess what happens?  YUP -the case gets dismissed and the unorganized landlord has to start over from the very beginning of providing notice and/or filing the eviction paperwork. Here’s a tip for what works locally:  If you don’t have the proper paperwork to substantiate a claim,  ask for a continuance as you thought you had it in the file and must of left it at the office.    You and the Tenant will be giving 3-10 days to reconvene.    Of coarse you should never do this unless this is absolutely 100% truth.   Again, be organized and prepared and this should never happen.

So you show up at court and either win due to tenant not showing or from winning your case.   In Charlotte, North Carolina, the defendant/tenant has 10 days to appeal.  They may do so by paying the courts a bond (amount deemed owed at hearing) and filing reasons for court decision to be overturned.   99% of the time this does not happen. On the 11th day, you go back down to the county courthouse and file a Writ of Possession. This is a formal request for the Sheriff to deliver possession of the premises to you (the landlord).  Typically within 7-10 days, you (the landlord) and the tenant receive written notice of the date/time of the sheriff’s set-out.  The day before you’ll receive a call from the sheriff’s office to confirm said set out.  Take a set of locks to do a quick change-out. One meets the sheriff at that time to enter the premises, secure the premises, and deliver possession to the Landlord.  Any holdover/tenant will be asked to leave -if refused they’ll be arrested for trespassing.

After that, the tenant has 10 days to claim any personal possession left on the premises. On the 11th day one can set the items to the curb for trash (or bulky item pickup). From start to finish, a landlord can gain possession of their rental within 45-60 days… Not Bad -huh?

Really… an eviction is not that bad -something you shouldn’t fear. I once had an expedited drug eviction were the defendants actually showed up -not to mention with an attorney.   Can you imagine that?   A continuance was granted.   As agent for the owner I showed up with 4 police officers (whom each served a function in a drug bust -you see you need the actual witnesses to provide a defendant the right to question) and a Neighborhood Association Officer.   45 minutes later with this attorney over-contributing to our abundance of carbon-monoxide, the gavel was dropped and the eviction was awarded.    Did i sweat a bit -sure.   However, I had printed out the ‘expedited drug eviction’ guidelines in the NC Landlord/Tenant Statues prior to the court hearing, read it, and knew the issues/topics in which to both win & defend our case.

Don’t sweat it 99% of the time, an eviction hearing won’t last more than 2-3 minutes.   The key is consistency, documentation, and preparation.

 

96 comments to Landlording: Evictions

  • Nestor Brathwaite

    How often do you write your blogs? I enjoy them a lot 2 4 7

  • admin

    posts from FB:

    Rachel: Just went through an eviction myself recently. Unpleasant and unfortunate but its par for the course. Its always a possibility down the road when owning rentals. I’m also learning rapidly that no matter how thorough you screen a tenant, go with your instincts, etc…There’s no absolute way to guarantee or predict how a tenant will perform over time. You do your best as a responsible landlord and hope for the best but be prepared for anything!!

    Sally: Thanks for the article, Tyler. In Illinois, we still have eviction problems and deal with them according to our state and county laws.

  • Great Post!

    Curious.. Do you go after lost rent at the time of eviction?

    In California we have two choices.. Possession only, or possession and monies due. I ALWAYS ask for possession only. Why? Because if I ask for possession only I don’t have to go before a judge.. Unless the tenants answer the suit. No judge = no wait for a court date, as all is handled a the clerks level at the court counter.

    This saves me at least two weeks, and I can always sue the former tenant in small claims court for back rent and any damages to the rental after true and complete costs are figured.

    People tend to focus on the “but he owes me thousands of dollars” when they SHOULD be focussed on returning the asset to performing status. Chances are, IF the defendant HAD the money we wouldn’t be in court in the first place, so don’t focus your attention there.

    • admin

      That’s a great deal you’ve got going out there in CA -Sean. We can do possession only or possession and money judgment; however, it doesn’t speed up the eviction process. Possession only is a clear-cut way saying -we don’t even want the money as your out. To get a money judgment though, the tenant needs to be personally served.

  • gevans

    Excellent article!
    Things are even easier in SC… I have done the whole process in less than 25 days.

  • I just had to take a moment and let you know that I’ve been enjoying checking out your blog over the last few months.

  • Great info! I recently came across your blog and have been reading along. I thought I would leave my first comment. I don’t know what to say except that I have enjoyed reading. Nice blog. I will keep visiting this blog very often.

  • Josh Stone

    My new catch phrase regarding liars court.

    “Documentation is 9/10th of the law.”

  • George Panaro

    I must say that on the whole I am really happy with this site.After reading your post I can tell you are excited about your writing. If only I had your writing ability. I look forward to more updates and will be returning.Thanks!

  • LH

    I hope you will keep updating your content constantly as you have one dedicated reader here.

  • Ray

    I live in Cabarrus Cty with my girlfriend of four years. We’ve broken up but she refuses to move out. I was told by the Sheriffs office that I need to file eviction documents. How much does something like this cost and how long does it take?

    • admin

      Ray -apologize for delay. Filing a writ in Cabarrus County costs $85.00. Usually you’ll recieve a court date within 10 days of filing. Once you have your court date (& assuming you win) the defendent will have 10 days to appeal. Assuming they do not appeal, you will file a Writ of Execution (cost $40.00) and this will put the sherriff on notice to serve lockout with occurs 6-10 days later.

  • Val

    I love reading this page. I have a question. In the state of North Carolina if you pay your base rent on or before the fifth of the month, or whatever was agreed upon, can you be evicted for not paying the water bill that is sent separately also, threatened that if you do not pay it that your base rent will not be accepted for the next month.

    • admin

      all depends on your lease. basically if one doesn’t pay what one agrees to then they are in violation of said agreement and therefore subject to default.

  • MQ

    What happens when you win the case but they appeal it? They want it tried in front of a jury as an indigent so they can represent themselves. What should I expect? Ours is the Micheal Keaton of our apartment.

    • admin

      I would recommend you consult an attorney. When in doubt its best to errr on the safe side -still attend and be active with the case. The goal would be that you’ll be more educated on how to handle that type of case the next time.

  • Dorene Costilow

    I’m always investigating on the internet for tips that can aid myself. Thx!

  • Joseph Lopes

    what happens if the lanlord wins. and he does not evict in the ten day time frame. Can he just change the ten day date on his own????????

  • Kirby Hays

    I just stubmled upon your website and read the sentence about putting leftover tenant possesions to the curb. I have a tenant who was evicted and the 10 days are almost up. She has beautiful furniture for which she probably owes creditors and she does not appear to be interested in moving it out. Do I have a right to the property to trash or keep and will I be held liable if creditors come asking for their property back?

    Love your website.

    Kirby

  • admin

    Kirby – I would tell you to go to our home page here at http://www.CharlotteREblog.com on the bottom right is a link the NC State Statutes. You’ll want to look up Chapter 42, there are issues when the value of property is greater the $500. It’s an issue that can be of concerned if challenged and a conversation better had in person versus type.

  • Anna

    Great article! My friend, who lives in the west coast, has a rental property in Meck county,NC and wants to evict his tenant for breach due to non-payment of rent. Since he lives in west coast and costly to come to NC to attend the hearing, can he assign me to attend the hearing instead? What docs should i bring in addition to the ones you listed above?

    • admin

      Anna -I would recommend that you seek legal advice. The common response would be that only an attorney or licensed real estate broker authorized as an agent can represent your out of state friend. Some would argue that she could have sign a Power of Attorney to allow you to represent as agent. That is all good and said; however, it is all up to the individual Magistrate assigned to the court case as to whether they will allow that or not. What I’ve witnessed is that it is no guarantee and getting a case tossed will cost more time and mental energy. I would recommend just using an attorney to get it done right the first time-especially if your experience is limited.

      • Jac

        Found your site when searching for my own issue. Recently, I’ve evicted my tenant and had the sheriff lock the premises. The tenant now contacted me regards to her getting her items. I am out of city and is not able to open the door. I was also informed to contact authority before opening the door myself. Do you have any recommendations on how to go about this?

        Regards to Anna’s question: when I was at my hearing, one of the defendant did not arrived, instead had a friend as her/his agent. The magistrate specifically indicated if they were not a license attorney, they are not legally an agent. This is from Charlotte court. Definitely work with an attorney. I wish I had from the very beginning. I didn’t to decrease the cost; which now increase my headache.

  • Yvonne

    Enjoy your blog. I have a question on evictions in Charlotte. Is a person who is leasing to own subject to the same eviction laws as a renter. Do my husband and I need to follow the same steps to evict him as we would a renter?

    Thank you for your response in this matter.

    • admin

      Yvonne,

      Yes -typically a tenant buyer on a lease to own is subject to the Landlord/Tenant Laws of NC. Rather than go through all the details here, I would urge you to contact our local real estate association, http://www.metrolinareia.org , and you can get direct advice there -tell them Tyler sent you.

  • Jeanne

    I recently had judgement in my favor for rent owed and possession but the tenant has said she will appeal (even though she has no grounds). Is it true that she has to pay the judgement in order to appeal? I’m afraid of her appealing and still living for longer indefinite amount of time still without paying.
    Thanks so much. This article was very helpful!

    • admin

      Jeanne, it really depends on where you are located (what county/state for their policies, procedures, and landlord/tenant law). Locally, in Mecklenburg County, in order for a Tenant/Resident to appeal, they must pay the monthly rent to the courts on time, if it is not paid on time -you can have the appeal rescinded and immediately fill for a sheriffs enforcement via a lockout.

      Excerpt from Chap 42 Landlord/Tenant NC Law:

      (b) During an appeal to district court, it shall be sufficient to stay execution of a judgment for ejectment if the defendant appellant pays to the clerk of superior court any rent in arrears as determined by the magistrate and signs an undertaking that he or she will pay into the office of the clerk of superior court the amount of the tenant’s share of the contract rent as it becomes due periodically after the judgment was entered and, where applicable, comply with subdivision (c) below.
      (f) If the defendant(that would be Tenant) fails to make a payment within five days of the due date according to the undertaking and order staying execution, the clerk, upon application of the plaintiff, shall issue execution on the judgment for possession.

  • Melia

    Getting ready for my first eviction hearing in Charlotte, NC, Wednesday, August 15th. Tenant breached rental agreement,(hasn’t paid security deposit, 2 months late on rent). Unfortunately, as a new landlord, I was naive about the rental agreement process and I don’t really have a strong agreement other than stating how much the rent will be,when it’s due, security deposit, tenant responsible for all utilities, etc. There is no provisional clause for eviction. Live and Learn.

  • Melia

    Well, the judge ruled in our favor. Today is the 11th day, not sure what to do, how do I know if the tenant appealed? Will the Clerk provide that info to me?

  • Is there a form requesting a continuance for the Magistrate Court. I have a court date that I filed against a tenant for non-payment of rent. The court date is on the first day of Rosh Hasahana( The Jewish Newyear) and I cannot be there.
    I look forward to hearing from you.
    Thanks

    • admin

      It’s my understanding that you go to the Clerks Office and ask for a continuance. You have to notify the defendant of the new date but it can be arranged!

  • Melia

    So, this is crazy. My tenant says she filed an appeal and says she will now pay through the court. What does this mean; that she will pay all the back rent and future rent through the court? If she can pay to appeal, why could she have not paid me her rent? I swear there appears to be a criminal element here. This is a nightmare. Lie after lie after lie…that is all I have gotten from the tenant since April. How do people live their lives like this? I have never in my life dealt with such dishonesty and deceit. And how long does it take to get the notice of Appeal? I have nothing yet.

    Thanks for letting me vent.

    • admin

      Stay patient. If the resident fails to pay the court the monthly rent within 5 days of every month…, you can immediately have the appeal tossed and file the sherrif’s writ of execution:

      Locally, in Mecklenburg County, in order for a Tenant/Resident to appeal, they must pay the monthly rent to the courts on time, if it is not paid on time -you can have the appeal rescinded and immediately fill for a sheriffs enforcement via a lockout.

      Excerpt from Chap 42 Landlord/Tenant NC Law:

      (b) During an appeal to district court, it shall be sufficient to stay execution of a judgment for ejectment if the defendant appellant pays to the clerk of superior court any rent in arrears as determined by the magistrate and signs an undertaking that he or she will pay into the office of the clerk of superior court the amount of the tenant’s share of the contract rent as it becomes due periodically after the judgment was entered and, where applicable, comply with subdivision (c) below.
      (f) If the defendant(that would be Tenant) fails to make a payment within five days of the due date according to the undertaking and order staying execution, the clerk, upon application of the plaintiff, shall issue execution on the judgment for possession.

  • Melia

    Your feedback is very appreciated and this is a very helpful blog. We did get the letter of appeal. The tenant’s rent was due on September 1st again, so am I suppose to keep up with this, i.e., go to the courthouse to check if she is late? How will I know?

    The hearing is toward the end of the month. My husband and I are considering hiring an attorney, but will probably wait to see if the tenant pays Sept rent.

    • admin

      You will need to go down to the Clerk of Courts Dept at the Mecklenburg County Courthouse 1 floor up (the 3rd) from where eviction court was on the 2nd floor. I would go the 7th to allow for the holiday versus normally stating the 5th. At the desk on the 3rd floor you need to advise them that you are verifying that your resident has paid their monthly rent to the courts while under appeal. They’ll grab the file and advise whether they have or not. If no payment (have your sherrifs writ filled out and all monies) let them know you’d like to process the writ know… They will record it and direct you to the cashiers window. Sherrif will make rounds within 6-9 days.

      Hang in there as its almost over & keep us updated.

  • Melia

    Thanks for the info and your support. Will keep you posted.

  • Melia

    UPDATE:

    Husband went to Courthouse today just to check on the entire process of this appeal. Was told that we are free to file the Writ of Possession because Tenant didn’t pay anything. How could she have filed the appeal without the bond money? He went back again just to make sure we were given the correct information. Same story, the woman looked at the appeal letter we received, pulled the file and pointed out line by line and said again, we can start the lock-out procedures. I’m confused about this but it sounds good to me. What do we do about the hearing date? Does this just automatically get cancelled? *smiling*

    • admin

      That’s good news Melia. Yes if they’ve not paid the appeal then it is thrown out. If you did not immediately file the sherrif’s writ then get back down there first thing tomorrow. This means court is over and you will now wait 5-7 days to hear from the sherrif about the lockout date which will be @7-14 days.

      Congrats.

      -remember to drive by the place on occassion too… they will either leave 1 of 2 ways… either the midnight move-out route or when you see them with the Sherriff at your side :)

  • Melia

    Again, you’ve been very helpful and thanks for clarifying all my concerns. I’m confident that others will benefit from your expertise and I know that I will never get into this situation again. This has been a nightmare for months now and my husband and I feel pretty violated and scarred by this experience but these are opportunities to learn more about ourselves, I suppose. I’m so glad, after weeks of websearching, I came across this blog. Much gratitude for your help.

    Melia

  • Melia

    Oh, one more thing. The Writ was filed yesterday.

  • Brandon

    I have a court date next week for a tenant. I sent 10 day notice. Tenant called when they were served. They stated they did not get any notice. I have a copy of notice that I sent regular mail. After I sent notice another investor told me we have to send notice certified mail. Do I have anything to worry about if the notice was not sent certfied. What would you suggest? Thanks for the help.

    • admin

      Are you in Mecklenburg County -Charlotte, NC? If so.., you do not need to send a ten day notice. Bring a copy. Not a fresh signed letter but a copy of your 10 day notice that was signed and dated by you with the appropriate dating -that is all that is needed. Bring a copy of your lease and a running ledger of payments…

      What type of lease are you using? By chance a NC Realtors Association, Apartment Assoc., or BAR (attroney) Lease? I ask cause they have tenant waive right to 10 day notice which is allowable in NC.

  • Brandon

    Thanks for the information. It is in Cabarrus County and I use NC Realtors Association form.

    • admin

      When you present your case for eviction: Your honor we have filed for non-payment of rent on Mr. John Jones at 123 Street for XXX amount of dollars. Lease waives notice; however as a courtesy we have provided a ten day notice.

      Concord right. I’ve not done an eviction Cabarrus in over a year. If memory serves me right it is a lady Magistrate who was new 1/2011. They are fair over there and there should be no concern. It is more good ol’ boy there and truthfully go by the rule: No Pay.., No Stay.

  • Brandon

    It is Concord. Was not sure if the lease waived the 10 days. Do you know what part of the lease that is in. Thanks for all the information this will be my last question.

  • Brandon

    One more when 10 day notice is not waived. Can you send notice on the second or do you have to wait to after the 5th.

  • Tom

    Thank you for your blog! Have a situation where live in refused to move out. I recently won possession in union county small claims (thanks to you!) but it was appealed. I went it alone but now I think I need a lawyer. “tenant” is not on title deed or loan. Is there any way to keep this from dragging out? Had to move out of my own house to stay sane – it’s ridiculous – any ideas? (or referrals?)

    • admin

      Tom,

      I’m not sure of an attorney that will do Union County. You should try Eric Kindberg at www(dot)bergerlawgroup(dot)com

      Ask for Eric, let him know that I (Tyler McCracken) referred you -he should be able to help or find someone for you. Let me know.

  • TIM

    Tom,

    After a judgment for possession, is the tenant notified by the court system? Does the landlord also need to notify them of the judgment? Does the notification process count against the 10-day appeal period?

  • Tom

    It gets worse. She requested jury trial and it won’t be calendered until next march. I feel like I’m in an episode of the twilight zone.

    • admin

      Tom -scroll back through the posts… I discuss how your resident/tenant has to pay the courts your rent due on a monthly basis and if the date is missed you can file immediately for sherrifs writ…bypassing any future court date. Odds are that will happen -ask me how i know. Now -you also need a legal opinion.

  • Carol

    How much do you charge to represent someone? I live out of town and need to evict someone.

    • admin

      Carol, you would need to contact an attorney to represent you or need a licensed property manager to act on your behalf.

      My main operations are a Hard Money Lender and do not provide eviction services.

      Tyler

  • Carol

    Okay, just had court this morning, the tenant did not show up. I won the eviction and the tenant now has to give back my rental house and pay me. Now my questions…
    1) since I am out of town…Can I send the writ of possession to sheriff’s office to be received on the 11th day from court hearing? I assume that I have to wait that long.
    2) how does the court actually get the tenant to pay me any back rent? If any monies received, I assume tenant sends it to the small claims court and then they forward to me?
    thanks for input

    • admin

      Yes -you will file the ‘writ of possession’ on the 11th day. Now if there is a legal holiday included add a day for that too. Back rent – for the moment, North Carolina is a non-wage garnishment State so getting monies will be unlikely. Rarely do we collect on non-collectibles; however, those who seek to re-establish do call from time to time 2-5 years later. We use National Tenant Network for credit pulling and recording of monies owed -they help insure placement on the credit report in case it is missed in the court filings.

  • Kevin

    Awesome site, unfortunate I’m here but this information is great. I have a question on the timeline. This is my very first tenant, I didn’t do a through background check, and here’s what I have:

    Does this look right to you for our tenant? She’s a habitual deadbeat and was evicted from her last place. A search on the civil pleading lookup (hindsigh is 20/20) showed monthly records for her for that past 12 months.

    My first question is, (I served her in person the 10 day notice on 12/10.) If she tries to pay rent before 12/20 (within the time limit), do we have to accept it or can we continue the eviction? (yes but in full with all late fee’s and monies owed-odds are she won’t. Advise her she’d be better off just keeping and moving on.)

    I’m looking at the timeline from her last eviction and here’s what I deduced:

    I’m filing the complaint 12/20 – court date 14 to 20 days later, let’s go worse case
    Court date 1/9 – she has 10 days to appeal. So in 11 days I…
    File Writ of Procession – has to be Monday (12 days) 1/21
    Based on the numbers below, summary ejectment issued 1/21, received by Sherriff on 1/25
    28 days go by? (see below) (***Sherrif usually serves Writ & Forces eviction within 10 days so your looking at @2/5/12 of getting Possession)
    Eviction will be issued on 2/22 by Sherriff, served on 3/1 (property secure)

    Her last eviction: I don’t understand why 28 days went by between Sherriff serving the summary ejectment served and eviction issued

    Summary ejectment was issued on 9/24, received by Sherriff on 9/28, served on 9/28 – 5 days
    Then 28 days go by
    Eviction was issued on 10/26 by Sherriff, served on Nov 2 (property secure)- 7 days

    Thanks for your help!

  • Kay Martin

    My tenants have lied over and over.They even have a free attorney now claim indigent (so they did not have to pay back rent, only forward to court on appeal.) They are on the 2nd appeal. They now claim all kinds of stupid things.I made a lot of mistakes.I tried to help this family (I am first and formost a Christian)and did not have a written lease. He is a contractor and offered to make some improvements to the property. I gave then a $200 spending allowance for the first 6 mts. to fix anything that needed repaired. They have been there 27 months/ no rent since August/now claims there was no ft. door on property when they moved in and ceiling was fallin in and all kinds of lies. I have pictures to prove truth.Don’t want to have to pay an attorney to get my worthless lean but their attorney has filed counter claim of $6,000 work they have supposed to have done to my house. I have over 100 text messages and recorded threats from these people. Now they say house needs work but I am not allowed to come up the street. They are insane and the state is providing them with free legal. I found out in Sept that she spent almost a year in Butner before they married.Law says they cannot threaten me but law does not matter to people like this. Wondering if I need to file charges or ignore threats. I think attorney must have advised them to stop. Been quiet for a month. Go back to court (3rd time)in Jan.

    • admin

      Hang tight Kay… bring everything to court with you. There is a free self help legal office in the Mecklenburg County Courthouse. I’ve even used it and the employees will help a landlord too…

      Are you in Mecklenburg? I would suggest you google Eric Kindberg -I suspect he would be open to at least a few moments for free advice if that’s all that you have available. He is a fellow member of the Metrolinarei.org -mention I sent you.

      Remember to Breath and Know that this will not continue forever. It will be over shortly and use the pain to screen out the next deadbeats that show up on your door.

  • Kay Martin

    P.S. Alamance Co

  • L. Jordan

    I currently have a judgment in Mecklenburg County on my current tenant. I am in the process of waiting the 10 days for her to appeal before I get a Writ. The judgment is for rent only. She also owes an additional $500 for power,water… If she pays me a partial payment before the 10 days is up, and I accept it, can I still proceed with the WRIT? I’m sure her partial payment will only pay for the additional money she owes me.
    Thanks

    • admin

      Yes you can take partial funds and still continue with having the writ served for eviction. (remember -I am not an attorney. Information posted here is simply my opinion)

  • L. Jordan

    One other question. Her November rent check was NSF. I see Mecklenburg County has a worthless check warrant program. Can I proceed with a certified letter on this? The reason I am asking is because the amount of the worthless check is for rent and I have a judgment for the rent. I just don’t want to double dip. I don’t know if this would be filing 2 claims for the same monies.
    Thanks again

  • Lucy

    Hi, I came across this while trying to get some information about my tenancy issue in Davie County, NC. I went to court, and won my case for summary ejectment and the tenant was given 10 days to vacate. It doesn’t look like they are moving anything, and I am starting to get concerned. My question is this, if they have not moved by the end of the 10 days and have not filed an appeal what is my next step?

    • admin

      You will go back to the courthouse on the 11th day (if a holiday is in that time frame add a day for that too) and file the Writ of Execution. This puts sheriff on notice and tenant that you are taking legal possession. Once that is filed, at least locally, the sherrif will force possession over to landlord in 6-10 days.

  • S. Lytle

    Please advise exactly what information is required by the court in the ten day notice letter from the landlord to the tenant?

    • admin

      You need to include the tenants name and address, amount of monies owed and the date your putting them on 10 Day Notice…. signed of course. regular mail (at least in Mecklenburg is fine) and take a photo copy showing your signature to take with you to the court date.

  • Chris

    Hi. Does the 10 day waiting period for filing the writ of possession include the day the magistrate rules in your favor for the summary ejectment case? Or does it start the next day? Thank you so much for your help.

  • HR

    feedback on this:
    tenant moved in 8/2012= deposited checks at bank
    lease states no pets
    neighbor notifies landlord stray dog and now a cat are living in home
    backyard has holes, broken fence and damage
    tenant notified 10 day to get rid of pets
    she denies all and wont respond
    24 right of entry given on 2 occasions and tenant wont let landlord in
    tenant changed locks
    police and landlord enter together and damage with urine is all over carpet
    check for rent was for one year- landlord gets copy of check and it is from the tenants ex husbands business account which is now closed
    deposit check bounced
    it is a mom with 3 kids so landlord has heard court will push to help her stay

  • BIll

    This blog has been very informative. My wife and I have been subletting to a young guy and things have gone down hill recently. First and foremost he has a dog here that we never agreed to. He has also had his girlfriend here every night for the past month. Recently when we confronted him about these issues he got aggressive quickly to the degree that we called the police. Their response they gave us was he was within his right as a tenant to have as many people as he wanted to have for as long as he wanted and there was nothing we could do since we had no stipulations in our agreement to the contrary. Now he feels entitled to his “rights” and is rubbing those rights in our face day in and day out. I want to evict him as of the 1st of may (7days from now) and since we are on a month to month lease I should be able to except the one stipulation we did have was giving each other a 30 day notice. Is there perhaps another way I can make him leave faster? I sent him an email giving him a week to remove his dog from our home and when I mentioned that today was the deadline his response was argumentative and saying since he did not sign anything agreeing to that time period. We have no physical lease between us other than verbal and emails that state he is not have a dog and that she needed to be removed. I feel like he is in violation of our agreement and if anyone can advise me on how to resolve this situation or have any advice it would be appreciated greatly.

    • admin

      I’m late in replying. My apologies. Has anything changed? If he’s still there, minimize communication. Give him 30 days notice and follow through with eviction if he doesn’t move. It’s a tough situation with you sharing space.

  • My tenant hasn’t paid rent in three months. My rental house is in Clinton, NC. I live in Georgia. I have gone through the steps as stated and I have just found out this man is in rehab. I have also sent papers to his wife also since she also signed the lease. What should I expect now?

  • travis

    Hi I am currently having a problem getting people out of my house who are living there without a contract in rowan county. I gave them the ten day notice to appeal and they did and asked for a jury trial, which is only held once a year which was last month. Is there anyway I can get them out before next year?

  • Dale

    Great blog! Here is my situation…..I held the note on the mortgage of the house…..they were approximately $10,000 behind(around 10 months) They signed the house back over to me and i gave them 30 to leave….it is now 45 and they keep stalling….since we never had a lease agreement as far as renting are there different steps to take? thank you! Dale

    • admin

      Dale,

      I think you need to be prepared to foreclose or evict. You need to seek legal advice as to which direction is most appropiate. I’m hoping there’s equity there to make it worth your time.

  • Paul

    Great Blog, thank you! I have 2 questions regarding the eviction process;

    1) Can you tell me the exact form # I need to complete and file. (I have already delivered and mailed the 10 day notice on 5/17/13) I found form CVM-201 on-line but just want to confirm that is the correct form, and do I need to complete anything other than this form? I intend to file on the 28th of May.

    2) I am the owner of the property and not using a licensed agent to manage the property. I will be away from the area for a lengthy period of time in June which is likely when the court hearing will be set. My travel plans cannot be altered. Can I have a family member (brother) attend the court hearing on my behalf as my representative? If so, do I need to have any forms notarized acknowledging that I have granted him as my personal representative for the hearing?

    Thanks!!!

  • Cheryl

    I have a tenant that has no lease. The agreement is that they can either pay to fix house and bring receipts or pay rent. The girl was pregnant at the time and I felt sorry for her. After a long series of events and not paying rent, She has moved her sister, her sisters boyfriend and 4 kids plus her new boyfriend. There has been domestic violence and property damage as a result. I have pics. This is only a very old 900 sq ft house. Who has to get the eviction notice because I don’t even know all their names. Will all of them (adults) or just the original tenant?

  • Myra Boyer

    My question is from the tenant’s point of view. Can the tenant waive the ten day appeal period and have the landlord begin the writ of possession? The tenant has no intention of returning and will not be making any payments. He just wants to get his possessions out and let it be over. Can this be done?

    • admin

      If the resident wants to get their possessions and be gone… Then let them move out and keep it simple -have them sign a piece of paper stating they are handing over possession (and get the keys) as of such and such date. Have a 3rd party witness if you’d like but keep it simple.

  • Larry

    Tenant evicted 9/4/13. Most items still at the house. I have called them twice, most recently Sunday 9/22/13 and was told they would come at 5PM Monday, 9/23/13. They did not come to get property. Do I now own all their things still on my property, and in the way of cleaning? Are any notices required of me ?

  • Cheryl

    I went to court and was awarded possession. The house is trashed and I found out that the sister who wasn’t supposed to be there was stealing power. The whole house is trashed inside and out. they have no clothes there but there is furniture. The 10 days to appeal is up and I need to know if I still need to get the writ of possession since no one can live there without power, Can I change the locks?

  • Thomas

    Went to court in Mecklenburg County today and received judgment for possession (non-payment of rent and tenant didn’t show). I understand tenant has 10 days to appeal and I can file for Writ of Possession on 10/18/2013. Tenant currently owes $1,191, which would pay through October 2013 including late fees and court costs, and tenant miraculously wants to pay now. My question is what if I accept this amount? Can tenant stay? Just trying to understand my options at this point in the process (VERY HELPFUL WEBSITE AND BLOG, thanks!).

    • admin

      You have the right to collect all monies owed and NOT give the tenant possession. The truth is you want them out…, so get possession first then collect on any monies owed.

  • Thomas

    Thanks! As a follow-up, sheriff came today and completed the eviction process and tenant is out (THANK GOODNESS). There are damages, cleaning, back rent, court costs, etc. that are owed. Can you provide an overview of how to go after my ex-tenant for this money? I have a lot of personal information on him but no forwarding address as he slinked off in the middle of the night.

    I love the idea of a bad tenant database we could all access to further help assist with landlord rights since tenants certainly are afforded their rights. Is this even possible?

  • Chase

    In my lease agreement with my tenant it states “If full payment is not received by the 25th day of each month, the tenant has ten days to produce rent payment without occurring any late fees ($15). If rent payment is not received by the 5th of each month, eviction process may begin.” Can that be acceptable for the ten day notice?

    • admin

      Chase,

      In my opinion no…, if your lease ‘does not waive notice’ a seperate 10-day Notice can be required… it may fluctuate depending on situation and magistrate but better to be on the conservative side.

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