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Old 04-14-2011, 08:02 AM
 
6 posts, read 27,283 times
Reputation: 24

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My goodness, I have had the tenant from HELL!
This women won't leave my house! She hasn't paid rent since Jan., her lease was up 2/28. Informed her that we aren't renewing her lease, come 3/1 - she still in my house!
I filed for eviction and won. Our court date was on 4/4, her 10 days to appeal were up yesterday and she is still there.
Now I'm being told that I have to file for a "writ of possession" to get my property back. That could take another 7 days to have served. But I'm broke....paying two mortgages for the past 3 months has killed us. I only have $6 in my account till tomorrow.
The worst part is, my new tenants have been waiting to get in there. They are hoping to be in by May 1st. This women has destroyed my house, she's never cut the backyard (it's really small, townhouse) and she's never picked up the dog poop. Between replacing the grass, painting, fixing door frames her dog chewed up and lets not forget the carpets. Brand new carpets when she moved in and they are all stained from her not cleaning her dogs paws off. It's going to cost me close to $2,000 to get it fixed up.
I'm thinking of just going over there, knock on the door to see if she answers and asking when she plans on getting out. I have no way of getting in touch with her because she no longer works at her job and her cell phone is disconnected. WWYD?
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Old 04-14-2011, 09:22 AM
 
Location: location, location!
1,805 posts, read 998,945 times
Reputation: 1503
It's stories like this that make me never want to be a landlord. You have my sympathies.
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Old 04-14-2011, 09:25 AM
 
Location: Up above the world so high!
45,095 posts, read 56,964,608 times
Reputation: 38293
Quote:
Originally Posted by mrspop View Post
My goodness, I have had the tenant from HELL!
This women won't leave my house! She hasn't paid rent since Jan., her lease was up 2/28. Informed her that we aren't renewing her lease, come 3/1 - she still in my house!
I filed for eviction and won. Our court date was on 4/4, her 10 days to appeal were up yesterday and she is still there.
Now I'm being told that I have to file for a "writ of possession" to get my property back. That could take another 7 days to have served. But I'm broke....paying two mortgages for the past 3 months has killed us. I only have $6 in my account till tomorrow.
The worst part is, my new tenants have been waiting to get in there. They are hoping to be in by May 1st. This women has destroyed my house, she's never cut the backyard (it's really small, townhouse) and she's never picked up the dog poop. Between replacing the grass, painting, fixing door frames her dog chewed up and lets not forget the carpets. Brand new carpets when she moved in and they are all stained from her not cleaning her dogs paws off. It's going to cost me close to $2,000 to get it fixed up.
I'm thinking of just going over there, knock on the door to see if she answers and asking when she plans on getting out. I have no way of getting in touch with her because she no longer works at her job and her cell phone is disconnected. WWYD?
It's best to follow the legal process, even if it means they won't get her out for 7 more days, otherwise she could sue YOU

Though it may be worth a call to the sheriff's office to just ask them if you are allowed to go over, break the door down if she doesn't answer and remove her stuff yourself. Then change the locks of course. I mean, it IS your property and you did win in court. The only thing holding the process up is the delivery of the paperwork. Deliver it to her yourself!

I'm guessing you'll qualify your next tenants a little better, right?

Last edited by lovesMountains; 04-14-2011 at 09:33 AM..
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Old 04-14-2011, 09:31 AM
 
1,664 posts, read 1,586,326 times
Reputation: 533
You really have no choice, as Loves said, but to follow the legal process. File the writ and have then have the Sheriff toss her out on the street. Make sure that you follow all of the notification requirements. Once you get back on your feet, you can sue her for all the damages so make sure you keep a list of all your expenses.

It might help to call the Sheriff's office to find out if they can do anything sooner.
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Old 04-14-2011, 09:34 AM
 
Location: Charlotte, NC
2,349 posts, read 2,384,897 times
Reputation: 2968
Quote:
Originally Posted by mrspop View Post
My goodness, I have had the tenant from HELL!
This women won't leave my house! She hasn't paid rent since Jan., her lease was up 2/28. Informed her that we aren't renewing her lease, come 3/1 - she still in my house!
I filed for eviction and won. Our court date was on 4/4
I just want to say for others reading (not to point out what you could have done differently, which won't help you at this point!), that if you had started the eviction process in January, as soon as the rent was 5 days late (or whatever your lease states), she'd be out by now. NO leeway! I know it's hard times right now, but unless you want to become a free housing provider, start the eviction process as soon as they miss a rent payment.

I do think it's best for you to follow the law, so there are no repercussions for you later.
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Old 04-14-2011, 09:38 AM
 
86 posts, read 101,614 times
Reputation: 25
Default Not positive

But I believe since you won in court you can actually go in and change the locks to lock her out. This happened to the tenants that were in the house we are renting now. They wouldn't leave and we were supposed to move in within a month. The owner stayed outside the house. waited for her to leave and then went in , had the locks changed and got a moving company to move her stuff out.

The thing I'm not sure of is whether this was done before a writ or after. I believe before. The judge or your lawyer should've told you your options after you won the case.
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Old 04-14-2011, 10:49 AM
 
6 posts, read 27,283 times
Reputation: 24
Being a landlord in NC SUCKS!!!! lol In all honesty this is the first time that I've had a crappy tenant, we have owned this place for 5 years. Our other 2 tenants were awesome.
I did a check on this women before she moved in. Credit was okay, not great, but I had crappy credit at one time in my life so I let it go. She had no evictions filed against her, no criminal recored, no lawsuits. She's tricky though, and I have come to learn that she's learned the system.
Since January when this all started I have come to find out that she was indeed evicted from her last place. She moved into my place on 2/17/10. Her last landlord didn't file for eviction till 2/23 - tenant knew it was coming and skipped out before hand. So, when I checked it was there yet. She owe's them over $7,000. She was arrested last May for writing bad checks and again 2 days before I filed for eviction for identity fraud - felony charges. When I called her work in January to try to reach her, I was informed she no longer worked there. She claims she's been on disability...for what, I have no clue. And the best part - she was a FINANCIAL consultant. Oh yeah, and when I went over to my house in January to find out what was going on (no response to letter, phone calls, texts etc.) Her FATHER (ya know the one that died) answers the door. The mother and father have been living there all along!

Good news is, I did go by there today before I was going to head down to the courthouse and waste more $ on this witch. Her father answered the door, the foyer was full of boxes and he told me they would be out of there today!!!! YIPEEEEEEE!!!!!!!!!
This has been a learning process for sure. At least now I know how the process is, hopefuly I'll never have to do this again.
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Old 04-14-2011, 10:54 AM
 
1,664 posts, read 1,586,326 times
Reputation: 533
Quote:
Originally Posted by LanahB View Post
But I believe since you won in court you can actually go in and change the locks to lock her out. ....
No!, not in North Carolina. If you do this you will be in violation of the law, can be sued, and even arrested in some circumstances. The writ must be presented to the local sheriff's office and they perform the ejection. The landlord can't do this.
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Old 04-14-2011, 11:03 AM
 
6 posts, read 27,283 times
Reputation: 24
Quote:
Originally Posted by CharlotteGal View Post
I just want to say for others reading (not to point out what you could have done differently, which won't help you at this point!), that if you had started the eviction process in January, as soon as the rent was 5 days late (or whatever your lease states), she'd be out by now. NO leeway! I know it's hard times right now, but unless you want to become a free housing provider, start the eviction process as soon as they miss a rent payment.

I do think it's best for you to follow the law, so there are no repercussions for you later.
We did, you have to (by law) give 10 days written notice to pay the rent. She did
Then, when she didn't leave on the Feb 28th when her lease is up you have to give 10 days notice again, I did, she didn't pay and filed eviction. Our court date was 4/4.
Unfortunetly the way the laws are she gets to stay there rent free. I'll never see my money, I will file a suit against her and report it to her credit. But she'll never pay. Oh, and in NC you can't garnish wages for a judgement.
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Old 04-14-2011, 11:06 AM
 
Location: Ballantyne
213 posts, read 212,094 times
Reputation: 161
Quote:
Originally Posted by mrspop View Post
Being a landlord in NC SUCKS!!!! lol In all honesty this is the first time that I've had a crappy tenant, we have owned this place for 5 years. Our other 2 tenants were awesome.
I did a check on this women before she moved in. Credit was okay, not great, but I had crappy credit at one time in my life so I let it go. She had no evictions filed against her, no criminal recored, no lawsuits. She's tricky though, and I have come to learn that she's learned the system.
Since January when this all started I have come to find out that she was indeed evicted from her last place. She moved into my place on 2/17/10. Her last landlord didn't file for eviction till 2/23 - tenant knew it was coming and skipped out before hand. So, when I checked it was there yet. She owe's them over $7,000. She was arrested last May for writing bad checks and again 2 days before I filed for eviction for identity fraud - felony charges. When I called her work in January to try to reach her, I was informed she no longer worked there. She claims she's been on disability...for what, I have no clue. And the best part - she was a FINANCIAL consultant. Oh yeah, and when I went over to my house in January to find out what was going on (no response to letter, phone calls, texts etc.) Her FATHER (ya know the one that died) answers the door. The mother and father have been living there all along!

Good news is, I did go by there today before I was going to head down to the courthouse and waste more $ on this witch. Her father answered the door, the foyer was full of boxes and he told me they would be out of there today!!!! YIPEEEEEEE!!!!!!!!!
This has been a learning process for sure. At least now I know how the process is, hopefuly I'll never have to do this again.

Good deal. Sorry it's been such a hassle. Hopefully your new tenant will be much better.
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