Evict tenant < 10 days? (by Scott [NC]) Sep 29, 2008 11:38 AM
Evict tenant < 10 days? (by solidoak [WA]) Sep 29, 2008 11:41 AM
Evict tenant < 10 days? (by solidoak [WA]) Sep 29, 2008 11:42 AM
Evict tenant < 10 days? (by Scott [NC]) Sep 29, 2008 11:48 AM
Evict tenant < 10 days? (by solidoak [WA]) Sep 29, 2008 11:55 AM
Evict tenant < 10 days? (by solidoak [WA]) Sep 29, 2008 11:58 AM
Evict tenant < 10 days? (by Josh [CA]) Sep 29, 2008 12:08 PM
Evict tenant < 10 days? (by Josh [CA]) Sep 29, 2008 12:12 PM
Evict tenant < 10 days? (by solidoak [WA]) Sep 29, 2008 12:14 PM
Evict tenant < 10 days? (by Scott [NC]) Sep 29, 2008 12:18 PM
Evict tenant < 10 days? (by Brenda [TX]) Sep 29, 2008 12:20 PM
Evict tenant < 10 days? (by Brenda [TX]) Sep 29, 2008 12:22 PM
Evict tenant < 10 days? (by solidoak [WA]) Sep 29, 2008 12:26 PM
Evict tenant < 10 days? (by Sandy [SC]) Sep 29, 2008 9:34 PM
Evict tenant < 10 days? (by Josh [CA]) Sep 30, 2008 12:03 AM
Evict tenant < 10 days? (by Scott [NC]) Posted on: Sep 29, 2008 11:38 AM Message:
State Specific Question About: NORTH CAROLINA (NC)
How do I evict someone that does not have a lease? Also, they have only been living there for 8 days. As someone without a lease, does their status change after residing for more than 10 days? thanks. --169.200.xxx.xx |
Evict tenant < 10 days? (by solidoak [WA]) Posted on: Sep 29, 2008 11:41 AM Message:
Here is a solution that work for me regarding Unauthorized Guest.
26. GUEST(S): Tenant agrees to be fully responsible for the actions and behaviors of all their guests, family, visitor, employee, and/or agent. Property Management strictly prohibits subleasing or unauthorized long term guests. Property Management MUST approve all long term guests in writing. No guest may stay no more than a total of three nights (consecutively or combined) within a rental period without written authorization. EXCEPTIONS: Does not apply to child visitations.
When there is a guest that is living there, and I am told that he's just visiting for the day. I tell the lease holders in front the the "GUEST" O.K., but remember if he even pay one dollar towered rent or any shared community expenses, he will be your tenant and you will have to follow the LL tenant laws of WA., as I have to do. He will become your tenant not mine and he does not have to leave. Your are fully responsible for the unit and he is not. If you get transfered, you can not turn off the electricity or any thing that he has paid for. In other, words he get free living for about one to two months, until eviction, at which we will evict you the Lease Holder and any other occupants. He get off Scott free - WOW! what a deal I tell you!
The guest normally is gone that night or by the next day. --67.183.xxx.xxx |
Evict tenant < 10 days? (by solidoak [WA]) Posted on: Sep 29, 2008 11:42 AM Message:
For got to ask, are they a guest with current lease holders residing in the unit? --67.183.xxx.xxx |
Evict tenant < 10 days? (by Scott [NC]) Posted on: Sep 29, 2008 11:48 AM Message:
No, they are the only tenant. Our relationship is very strained right now, and although I am not worried about anything specific, in my opinion it would be best if they moved out. I just want to know what my options are. --169.200.xxx.xx |
Evict tenant < 10 days? (by solidoak [WA]) Posted on: Sep 29, 2008 11:55 AM Message:
Well, I do not know the LL Tenant laws in your state but if you want them out give notice to vacate. Otherwise, you will have to work it out with the person. --67.183.xxx.xxx |
Evict tenant < 10 days? (by solidoak [WA]) Posted on: Sep 29, 2008 11:58 AM Message:
§ 4214. Notice to quit in certain tenancies.
A tenancy from year to year may be terminated by a notice to quit given one month or more before the end of the current year of the tenancy; a tenancy from month to month by a like notice of seven days; a tenancy from week to week, of two days. Provided, however, where the tenancy involves only the rental of a space for a manufactured home as defined in G.S. 143143.9(6), a notice to quit must be given at least 60 days before the end of the current rental period, regardless of the term of the tenancy. (18689, c. 156, s. 9; Code, s. 1750; 1891, c. 227; Rev., s. 1984; C.S., s. 2354; 1985, c. 541; 2005291, s. 1.) --67.183.xxx.xxx |
Evict tenant < 10 days? (by Josh [CA]) Posted on: Sep 29, 2008 12:08 PM Message:
Personally I do not allow sub-leasing which is what solidoak [WA]) has purposed. Most rental agreements/leases have a clause not allowing sub-leasing as a standard.
You are not telling us much. Sounds like a friend, Bad idea never rent to friends family or co-workers.
Since it appears that you have a verbal agreement.
Most all states default to a Month to month agreement that follows the general Landlord laws of your state. You cannot have a term lease as a verbal agreement and have it hold up in court.
Depending on your states landlord tenant laws you may be allowed to boot them as a trespasser.
However in most states if they have established residency which can include any one or several of the following.... have their possessions there, pay for electric gas, receive mail there or have lots of big stuff in the dwelling like a couch chairs Tv, you will need to evict. At the very least give them a 30 day notice to terminate tenancy.
--71.108.xx.xxx |
Evict tenant < 10 days? (by Josh [CA]) Posted on: Sep 29, 2008 12:12 PM Message:
I know your intentions are to be helpful solidoak [WA]) However your rental agreement/lease language is only good for you if the other LL doesn't use the exact same one.
Also be aware that LL/TT law varies a great deal from one state to the next.
--71.108.xx.xxx |
Evict tenant < 10 days? (by solidoak [WA]) Posted on: Sep 29, 2008 12:14 PM Message:
Josh you need to re-read my statements. I do not sub lease. In my last post I did provide the LL tenant law for N.C.. I copied and past direct from N.C. state website. Here it is again;
§ 4214. Notice to quit in certain tenancies.
A tenancy from year to year may be terminated by a notice to quit given one month or more before the end of the current year of the tenancy; a tenancy from month to month by a like notice of seven days; a tenancy from week to week, of two days. Provided, however, where the tenancy involves only the rental of a space for a manufactured home as defined in G.S. 143143.9(6), a notice to quit must be given at least 60 days before the end of the current rental period, regardless of the term of the tenancy. (18689, c. 156, s. 9; Code, s. 1750; 1891, c. 227; Rev., s. 1984; C.S., s. 2354; 1985, c. 541; 2005291, s. 1.) --67.183.111.177 --67.183.xxx.xxx |
Evict tenant < 10 days? (by Scott [NC]) Posted on: Sep 29, 2008 12:18 PM Message:
Yes, its just a verbal agreement with a coworker. I know, bad idea, but if we had a real lease, I would not be able to evict them because they have not done anything wrong. Without getting into the details, I just want them gone. Thanks for the input so far, but again, does anyone KNOW what my options are? --169.200.xxx.xx |
Evict tenant < 10 days? (by Brenda [TX]) Posted on: Sep 29, 2008 12:20 PM Message:
You might want to consider talking to an eviction attorney. As Josh says, you only have so many days that you can call them a tresspasser, and if they have items there/paying for utilities/mail being delivered there, you have to evict them as if you did have a lease, it would be an assumed lease (M2M), but you would still have to follow eviction laws. Which would be a notice first. --167.6.xxx.xx |
Evict tenant < 10 days? (by Brenda [TX]) Posted on: Sep 29, 2008 12:22 PM Message:
I posted without reading your last post. If they have done nothing wrong, and you just want to get rid of them, then you will have to give them 30 days notice. Even though you do not have a lease with them, a M2M is still a default. --167.6.xxx.xx |
Evict tenant < 10 days? (by solidoak [WA]) Posted on: Sep 29, 2008 12:26 PM Message:
Not on lease want coworker out then;
1. Ask the co worker to leave
2. If co-worker does not want to leave then provide notice to vacate. I pasted the NC law twice.
3. If co-worker does not leave after notice then evict according to NC LLTL.
It's that simple.
Worried about conflict at work and do not want to deal with it. Then let him stay for free if co-worker does not want to pay rent.
Problem solved. Next time do not rent to friends or co-workers. Learn form this. Now is the time do deal with it - not later --67.183.xxx.xxx |
Evict tenant < 10 days? (by Sandy [SC]) Posted on: Sep 29, 2008 9:34 PM Message:
Check w your local magistrate or judge but I'm pretty sure the 30 day notice is what you'll have to do.
Did the guy turn out to be a druggie? No, don't answer that.
Here in SC I would have to give a 30 day notice. If he didn't leave then I'd have to give the 10 day notice.
Example--one of my tenants (yes, another story I know) has allowed --with my permission--a cousin to stay w/ him. It was to be for a couple of weeks, 3 at the most. The cousin has since decided that he'd like to stay--against my wishes and his cousin's too.
I can not evict the guest w/o evicting the original tenant --though I should for this mess. Tenant had to get a 20 day notice to give to his cousin. If he doesn't leave then another paper will have to be filed w/ fees paid for service.
--65.12.xxx.xx |
Evict tenant < 10 days? (by Josh [CA]) Posted on: Sep 30, 2008 12:03 AM Message:
So refferencing solidoak cc&p of SC law.
"notice to quit must be given at least 60 days before the end of the current rental period, regardless of the term of the tenancy. (18689, c. 156, s. 9; Code, s. 1750; 1891, c. 227; Rev., s. 1984; C.S., s. 2354; 1985, c. 541; 2005291, s. 1.)"
A 60 day notice is required.
You are looking for a quick fix no doubt.
Since we don't know squat about the person that is hanging out where they are unwanted.
Would showing up with several BIG friends in black T shirts and black caps with any of the following letters on them nudge them to get gone?
INS
VICE
CIA
SWAT or ?
Don't be taking off doors/windows turning off electric gas or water. That will only give them weapons to hurt you with.
There is the BJ way but it's not for the faint of heart. That is to help them move by throwing their stuff out the door while snarling and biting just don't draw blood.
HA!
Remember.... No good deed goes unpunished.
--71.108.xx.xxx |
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