State Specific Question About: NORTH CAROLINA (NC)

I was wondering if anyone could help me out with the eviction process in NC. I have tenants who have not paid rent for August. They sent me an email stating that they would voluntarily vacate and didn't want to go through the eviction process and told me they would be out by 8/31. I sent email and certified notice to vacate letter, but they never picked it up at the post office. They called the other night screaming at me and telling me that now they are going to make me go through the legal eviction process and that they won't pay Aug rent or Sept. rent or any other rent during the time it takes to evict. Said they are familiar with the process and will live there rent free. The dwelling is in NC, but I live in TX. Does anyone know what steps I need to take now to get the process started?

Dont know why you own property in NC, live in TX and not have a manager or crew to handle your issues...

I would send them a 5 day mailed and certified, when time expired, give it to an attorney in NC to finish the rest of your eviction.

I have a home in Fla and live in Wi but I can manage myself due to it being a retirement community (the villages) and I am renting to generally raisins (thats old people) that take really good care of my crib and re-rent each year for months at a time. My friends live in NC (moved from Wi) but guess what? Seemba manages their property...

Not to be rude but if you dont know how to evict someone and you live out of state of the rental property, that is a recipe for disaster...

Good luck though.... Dont forget you can find everything you need on Craigs list... Even someone to throw out your democrats...

I have already sent them a 10 day and that is what prompted their written response back to me that they will leave without the eviction process.

Trust me, I realize that living in TX and renting in NC is not an ideal situation. I had to move to TX for a job and am renting so that I'm not stuck with my rent here and mortgage there, but seems like even with renters I'm stuck.

Just got a phone consultation with an attorny in NC tomorrow. Guess all I can hope for now is to get the ball rolling and get them out.

The point of a lease is that when you do have good tenants it can be an advantage to you. Many on here will say M2M (month to month) is the way to go, but what's to stop a M2M from staying in your place rent free even after you've stated they must vacate in 30 days? They can holdover tenancy and you have to evict same as if they are a non-paying lease tenant. The only difference is holdovers often get penalized (double rent), but then have fun trying to collect it.

No, the lease does not really protect you from bad tenants. Proper screening and the way you "train" your new tenants are your only protection there. Otherwise, fast action can save you time and headache. By now you know that you should have started the eviction ball rolling long ago, so I won't harp on that. Suffice it to say that many on here will file for eviction as soon as it is legally allowed (i.e. in Missouri I can evict on the second day of the month if rent due on the first is not paid). I usually allow a tiny amount of grace before I file, usually on the 7th or 8th. That means they are out the door by the sheriff's boot no later than the 1st of the next month.

I really appreciate all the advice. I never wanted to be a landlord; it was something I had to do because of my situation. I don't know how you guys/gals do it. I'm not even breaking even because of the rental market in NC. I am paying the HOA since I would never be able to rent it at the price I would have to charge to cover the HOA. I basically just wanted someone in there to take care of my mortgage, but I have definitely learned my lesson and will be much more selective in the future.

Get a NC eviction specialist. A law firm which ONLY does evictions. Let them handle it. It will save you a lot of money.

I would have the law firm serve them again, using a process server. Ask for a flat rate deal. Your case is cut and dried. But by NOT hiring a law firm, you are wasting valuable time and money.

No more contact with the tenants. Irrespective of their promises, threats, pleadings or oaths. This is a well know spiel, a certain way by which the tenants try any trick to win time. A LL should file asap. Any delay will cost you money.

I always have a Notice to Quit served at the property and if the tenants are not there, then "nail and mail" is used.

Proper service is crucial, so do not sweat paying a process server.

Kelly (NC), I am in the same situation as you. I moved to N. Raleigh and left my property behind in PA. I have been to court twice. The tenant got a free rent in June. The judge did not evict her as long as she pays the rent. That's the law. Tenants have more rights than landlord. I just learned that the HARD WAY. I lost money on lawyer, court fees. Last week we agreed that she must leave by TODAY (AUG 31) and I will not charge it. I have her security deposit so Im keeping it. She has damage my property, it's dirty and I have to hire a few people to clean it and fix it so I can sell it or rent it out. I will take pictures and video tape the entire house once I'm back inside the house just in case she wants to fight it. And also last week someone broke into the house, she said that I did it. She leave the windows opens and now finally someone got inside the house. She called the police.

Well, I got extremely lucky. The tenants left on their own. My father was able to get to NC this weekend just to check on things, and they were gone. The keys were left on the kitchen counter and there was absolutely no damage to the dwelling. My neighbor believes that they were involved in some type of illegal activity and once I mentioned bringing the local authorities with me to check things out, just as a neutral third party, they wanted nothing to do with that and they bailed.

This has definitely been a huge lesson for me. I know that no matter how many checks I do on someone they can still turn out to be bums, but I will definitely make sure I do everything I can to try and prevent this from happening in the future.