U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > U.S. Forums > North Carolina > Charlotte
 [Register]
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
View detailed profile (Advanced) or search
site with Google Custom Search

Search Forums  (Advanced)
 
Old 10-30-2016, 11:38 AM
 
2 posts, read 1,042 times
Reputation: 10

Advertisements

Hello any info on eviction process in Charlotte nc we rented a house from a private landlord who after a year on a 2 yr lease decided he wanted to sell his house asked us to leave .and told us if after a certain date if we don't leave he would file papers on us can he do this also he is only filing papers on me and my husband cause we the lease holders but my brother stays with me not on lease and my daughter on lease do he have to file on everyone over 18 yes old lost please inform anyone
Reply With Quote Quick reply to this message

 
Old 10-30-2016, 11:56 AM
 
Location: Inactive Account
1,508 posts, read 2,469,687 times
Reputation: 965
Does your 2 year lease contain any clauses about notice that the landlord must give, in order to break the lease? If he followed those provisions, and you're not leaving, then yes he can file for eviction. The judge will certainly look for that at your hearing.

The landlord might not be aware of the other people. So would have to file eviction against them separately as squatters.

Evictions are usually a last resort effort by a landlord, so I think there is more to this story. Normally there has been a breakdown in the landlord-tenant relationship. Although I suppose in a dire circumstance where a landlord needs cash, he might break a lease and sell a property.

Even at that stage of decision... properties can be sold with tenants still there. I see it all the time. Something about this still seems odd.
Reply With Quote Quick reply to this message
 
Old 10-30-2016, 12:10 PM
 
2 posts, read 1,042 times
Reputation: 10
Thanks we looked up the property in the court house and it shows foreclose last yr a month before my lease started
Reply With Quote Quick reply to this message
 
Old 10-30-2016, 12:17 PM
 
Location: Inactive Account
1,508 posts, read 2,469,687 times
Reputation: 965
If you signed a lease with someone who did not own the property anymore, then it's completely unenforceable.

Unless what you're saying is that the current landlord bought the property at trustee sale, or from a foreclosing bank, in which case he is the current owner. If that's the case, he might be a newbie investor who grew tired of landlording.

Basically it'll come down to how your lease is written, and what the judge thinks. I've seen the judge ignore a lease and tell the parties to settle it out of court, if it contains no written provision for eviction in the circumstance at dispute between them.
Reply With Quote Quick reply to this message
 
Old 10-31-2016, 02:42 PM
 
1,585 posts, read 1,413,739 times
Reputation: 4934
Quote:
Originally Posted by Reg0172 View Post
Hello any info on eviction process in Charlotte nc we rented a house from a private landlord who after a year on a 2 yr lease decided he wanted to sell his house asked us to leave .and told us if after a certain date if we don't leave he would file papers on us can he do this also he is only filing papers on me and my husband cause we the lease holders but my brother stays with me not on lease and my daughter on lease do he have to file on everyone over 18 yes old lost please inform anyone
Go seek professional legal help, no one here knows every detail of your issues and the lease you signed. Any advice given here could change at a drop of a hat, when that one detail you forgot to mention comes to light.

Lawyer..Go Now
Reply With Quote Quick reply to this message
 
Old 11-04-2016, 07:50 AM
 
810 posts, read 1,122,851 times
Reputation: 683
So just move! Why go through a long battle or something like this?
Reply With Quote Quick reply to this message
 
Old 11-04-2016, 08:59 AM
 
Location: Charlotte, NC
4,760 posts, read 6,407,764 times
Reputation: 5236
He will only file on this named on the lease.

IT sounds like you've got a bad situation here. Honestly I would recommend just moving out to avoid him filing any papers. Even a dismissal will show up in a record search. WHEN I see those during a background check, I wonder about it. Makes me wonder if they were unjustly filed on or if they lied to a Magistrate to beat the eviction or called in code enforcement, etc.

It might not be easy to do, but thas what I recommend. I'D ask for the deposit back in full with no deductions unless you've actually done damage. Tell LL that will grease the wheels a bit consider what it costs to move.
Reply With Quote Quick reply to this message
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


Reply
Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:



Over $104,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > U.S. Forums > North Carolina > Charlotte
View detailed profiles of:
Follow City-Data.com founder on our Forum or

All times are GMT -6. The time now is 03:41 PM.

2005-2019, Advameg, Inc. · Please obey Forum Rules · Terms of Use and Privacy Policy · Bug Bounty

City-Data.com - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35 - Top