 Eviction (by Dawn [NC]) Feb 13, 2013 4:32 AM
 Eviction (by Rick [GA]) Feb 13, 2013 4:49 AM
Eviction (by Dawn [NC]) Feb 13, 2013 4:53 AM
Eviction (by V [OH]) Feb 13, 2013 4:55 AM
Eviction (by Dawn [NC]) Feb 13, 2013 5:24 AM
Eviction (by S i d [MO]) Feb 13, 2013 7:34 AM
Eviction (by S i d [MO]) Feb 13, 2013 7:39 AM
Eviction (by John... [MI]) Feb 13, 2013 7:57 AM
Eviction (by Dawn [NC]) Feb 13, 2013 8:08 AM
Eviction (by Kyle [IN]) Feb 13, 2013 2:47 PM
Eviction (by WMH [NC]) Feb 13, 2013 3:18 PM
Eviction (by WMH [NC]) Feb 13, 2013 3:22 PM
Eviction (by Dawn [NC]) Posted on: Feb 13, 2013 4:32 AM
Message:
State Specific Question About: NORTH CAROLINA (NC)
I have a tenant that is behind ~1500.00. I filed for Summary Ejectment and the ten days have passed and can go do the lock out; however, she has 1000.00 and says she will have the other 500.00 plus the fees I paid for the Summary Ejectment by next week. I am actually ok working with her on this, but my question is, if I accept 1000.00 from her now, can I still follow through with the lockout if she doesn't pay the remaining balance next week as promised? Any help would be appreciated! Thanks! --174.98.xx.xxx |
Eviction (by Rick [GA]) Posted on: Feb 13, 2013 4:49 AM
Message:
No, you would need to start over (most states).
If the tenant has been otherwise good, take the money. File again if the promise to pay is not kept. --71.91.xx.x |
Eviction (by Dawn [NC]) Posted on: Feb 13, 2013 4:53 AM
Message:
Ok...I guess I would have to give the 10 day notice to pay or quit again, the whole thing as if starting from the beginning? --174.98.xx.xxx |
Eviction (by V [OH]) Posted on: Feb 13, 2013 4:55 AM
Message:
I only accept the full payment of all fees, damages, rent, court costs. There is often a cancellation if a partial payment is made. --75.94.xxx.xxx |
Eviction (by Dawn [NC]) Posted on: Feb 13, 2013 5:24 AM
Message:
I know that many have the individual waive the 10 day notice in the Lease, I wonder if she signs an Agreement to Pay, that she could waive that requirement in that Agreement? Any thoughts? --174.98.xx.xxx |
Eviction (by S i d [MO]) Posted on: Feb 13, 2013 7:34 AM
Message:
Dawn, there is at least a 50% chance your tenant is lying. If she is truly facing being evicted from her home, and IF she truly has a way to come up with $500 more dollar "next week" (ah, they all say that, don't they?), then WHY can't she come up with $500 NOW to protect her home, her reputation, and her family?
As much as I hate, hate, and DESPISE the payday lending industry, they will lend to anyone with a pulse and a prayer of paying them back. If she can't get a loan from THEM, she is either 100% certainly lying to you or 100% deluded about her chance for having $500 more next week. Tell her to make them her bank, not you. If she can't/refuses to do this, you know there is no option but to proceed. She doesn't have the money today, and she won't have it next week. --108.250.xxx.xxx |
Eviction (by S i d [MO]) Posted on: Feb 13, 2013 7:39 AM
Message:
Btw, I realize your thread was more about "can I take some money and still toss her", but realize that in most states tenants can sign anything and that does not override their rights according to your state's law. If your State's statutes say accepting money cancels your lock out, that's it, that's the end, period. Anything the tenant signs to the contrary won't stand up in court.
I recommend asking your local, experienced, land lord tenant attorney what his/her advice is in all matters legal. Legal advice given here, even from NC Land lords, is to be taken with a grain of salt.
Good luck. --108.250.xxx.xxx |
Eviction (by John... [MI]) Posted on: Feb 13, 2013 7:57 AM
Message:
Indeed -- very state specific. Here, you generally CAN accept partial payments during an eviction and STILL evict if they don't pay in full by the date. This is stated on the official state paperwork.
So, before you make a decision, make sure you're getting an answer specific to NC!
- John... --216.111.xxx.xx |
Eviction (by Dawn [NC]) Posted on: Feb 13, 2013 8:08 AM
Message:
I read the statutes, but still a little confused about accepting payments and a thirty day window??? Not sure. Anyone from NC that can clarify would be helpful. Thanks again for all your responses! --174.98.xx.xxx |
Eviction (by Kyle [IN]) Posted on: Feb 13, 2013 2:47 PM
Message:
How long does the eviction process take? I am assuming this is a decent tenant who has had some money trouble, based on your being ok with working with her. If that is the case, I would weigh the rent that could accrue through a second eviction and all the court fees against the $1,000 she has offered. If $1,000 will cover the eviction timeframe and your court costs, I would take it and hope she really can come up with the rest next week. --71.194.xxx.xxx |
Eviction (by WMH [NC]) Posted on: Feb 13, 2013 3:18 PM
Message:
"I filed for Summary Ejectment and the ten days have passed"...
So you filed for summary ejectment at the clerk's office, and everyone showed up on the court date? --50.82.xxx.xxx |
Eviction (by WMH [NC]) Posted on: Feb 13, 2013 3:22 PM
Message:
You file for summary ejectment. You are given a court date. A few days before the court date, you check to be sure they are served. You show up in court regardless. They showed up? Or not?
If they did NOT show up, the Magistrate should have given you a writ of possession. You have to wait ten days for that, I think. I've never reached that point! --50.82.xxx.xxx |
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