 court papers (by Lind [NC]) Aug 24, 2009 10:21 AM
 court papers (by TIM [IN]) Aug 24, 2009 10:42 AM
court papers (by Mike45 [NV]) Aug 24, 2009 11:49 AM
court papers (by Mac [NC]) Aug 24, 2009 2:38 PM
court papers (by Lind [NC]) Aug 24, 2009 3:17 PM
court papers (by JJ [NC]) Aug 24, 2009 4:44 PM
court papers (by Dean [NC]) Aug 24, 2009 5:49 PM
court papers (by Virden [OH]) Aug 24, 2009 6:02 PM
court papers (by Lind [NC]) Posted on: Aug 24, 2009 10:21 AM
Message:
State Specific Question About: NORTH CAROLINA (NC)
I will like to star falling court papers on the 6 day of the month, instead of the 17 of the month? Our Lease Agreement mentions that court papers will be file on the 17th, but I will like to change that. Can I just send letter to all our current tenants and let them know of the new changes, then change the Lease for every new tenant? What does the Law allow me to do? Your respond will be appreciated.
P.S. I worked for a Company that rents apartments and houses, I management some of his properties.
Thank You.
--65.83.xxx.xxx |
court papers (by TIM [IN]) Posted on: Aug 24, 2009 10:42 AM
Message:
Normally, any changes to the lease should be done at re-newing or the orginal sign lease. You wouldn't like a bank that changes the terms in middle of loan, would you? Wait, the credit card companies do that....
I digress. Just do at renewal date. Some renters may think you just trying to screw them over. Most of mine are one yr. lease that go to MTM after the orginal one yr period. So after that year, I can just change the lease... effective next month;) --67.237.xx.xxx |
court papers (by Mike45 [NV]) Posted on: Aug 24, 2009 11:49 AM
Message:
A lease is binding on both the LL and the T for the term of the lease. You have no right to change terms of the lease while the lease is pending.
--216.175.xx.xxx |
court papers (by Mac [NC]) Posted on: Aug 24, 2009 2:38 PM
Message:
In NC you may post a late notice on the door after the fifth day the rent is late. For example if the rent is due on the first day of the month you may post after the close of business on the 6th. If the 6th day falls on a Saturday or Sunday, while not addressed in the state ordinances you are better off waiting until Monday. You are at the mercy of the magistrate as to how it is handled in court.
Send a letter (2 copies) to your tenants. Tell them that you are altering the lease agreement to match what the State of NC says you have to do. Word it so you are just trying to comply with the law, not trying to change their lease. Include a stamped envelope and put a place for the tenant to sign and date.
You word it right you'll get most of them back. The ones that don't come back, go knock on the door with two more copies of the letter and ask them to sign. You'll get a few more covered that way. If anyone refuses to sign the change then file that info away and make sure you catch the lease 30 days before it expires, give notice that a new lease will need to be signed or they will need to leave and fix it then.
The biggest mistake (may be an exaggeration) you can make is just to let a lease expire without giving the tenant notice 30 days or more prior that you are going to have a new lease to be signed. --24.136.xxx.xx |
court papers (by Lind [NC]) Posted on: Aug 24, 2009 3:17 PM
Message:
First of all, thank you so much for your information.
The main reason why I will like to begin court papers on the 6th or the 10th of the month instead of the 17th is because, at takes 1 whole month to get the property back. When I file court papers on the 17th I don't get the property back till the end of the following month, after removing the padlock. Therefore the tenant gets to stay for two months without paying anything and on top of that they leave the unit horrible. But before I take any one to court I always try to get to know there situation, this helps me to decide whether they need more time to pay. I am only trying to get the changes for the tenants that are only trying to get away with two months of Rent.
--65.83.xxx.xxx |
court papers (by JJ [NC]) Posted on: Aug 24, 2009 4:44 PM
Message:
To add to what MAC posted in NC according to the magistrates in Guilford county you have to wait until at least 10 days after the rent is due to file the papers for eviction. I always send a late notice/demand letter out on the 6 and then can file on the 10th. I normally wait until after the 15th as many people get paid on the 15th and pay the rent and late fee. --75.183.xx.xx |
court papers (by Dean [NC]) Posted on: Aug 24, 2009 5:49 PM
Message:
You have to post 10 day pay or quit after the 5th - no matter what your lease says the law gives the tenant 10 days. And you definately cannot change the lease - at least the tenants do not have to agree to anything because you are legally bound to the original lease terms. Landlord tenant laws supersede you lease. If you really want them gone, do not accept partial rent, and file eviction on the 16th. If you accept partial rent, you have to start the process including the 10 day pay or quit all over again. If they pay in full before the 16th, there's nothing you can do. I've been through the process many times, and it is very frustrating - but the laws are in place to protect tenants from slumlords who just throw their stuff out and change the locks. It sometimes takes more than a month to get them out. On the 16th you file, wait for the court date - after you win the tenant has 10 days to apeal. If they don't apeal you have to go back down to the magistrates and file for a writ of posession on the 11th day-usually scheduled with sheriff a week later. If they don't get all their stuff out - and the sheriff is there when you change the locks....you STILL have to wait 7-10 days before you can throw their stuff out or sell it and get the unit ready to rent again. - Everything is 10 days in NC - -go through this a few times and you will screen much better and get bigger deposits. I've always said it's a game and we're the only ones who have to play by the rules! --69.132.x.xx |
court papers (by Virden [OH]) Posted on: Aug 24, 2009 6:02 PM
Message:
I am not in NC but you need to study these laws local and state if you are going to work as a property manager or see if your boss will let you hire an atty all the time, if I was the boss I would ask myself what is the purpose of a property manager? --76.241.xxx.xxx |
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