i'M A NEW LANDLORD AND I LET A TENANT MOVE IN WITHOUT A SIGNED LEASE (section 8, renter)

[hwalte04]

HELP!!!! I have a tenant in my home that never signed a lease, she refuses to pay a full months worth of rent or keep up the property, I sent her a letter to give her 10 days to move out whch is up, she called the cops and said I stole $200.00 out of the house!!!! What can I do? Thanks

[topchief1]

Originally Posted by hwalte04

HELP!!!! I have a tenant in my home that never signed a lease, she refuses to pay a full months worth of rent or keep up the property, I sent her a letter to give her 10 days to move out whch is up, she called the cops and said I stole $200.00 out of the house!!!! What can I do? Thanks

Call the police and inform them that someone is trespassing on your property who does not have permission to be there. If there is no lease, they have no right to be there if you do not want them to be.

[Jabronie]

Go take off the front door

[paulosfm]

You let her move in without a lease. You can't claim she is trespassing. I would buy an hours time with a lawyer to make sure you are not breaking any laws by hiring someone to put her stuff on the street or changing the locks. Otherwise, this person knows how to game landlords and the system and she'll take you to the mat and maybe sue you. She has already shown she's a thief and given to being reckless with the truth. She's not through with you and your property. Good luck.

[Native_Son]

buy an hours time with a lawyer?

I'm no lawyer, but that seems like overkill!

the landlord must demand the rent from the renter 10 days before beginning a summary ejectment action for eviction. This demand does not have to be in writing, but I would put it in writing.

You may want to bone up on the residential agreement act...

http://www.nclamp.gov/2004%20CLE/Ren...ment%20Act.PDF

[spankys bbq]

Native is right.

If you've sent the 10-day notice, and the 10 days are past, you can now file a Summary Ejectment at the courthouse. The cost of this is $126 and you will get a court date in approximately 3 weeks.

On the Summary Ejectment, you need to check the boxes for "Conventional Housing" and "Oral Lease." Conventional is assuming it is not a Section 8 house and the tenant is responsible for 100% of the rent payment.

When you go to court, have a copy of the 10-day notice you sent. Proof that it was sent is even better (certified mail receipt, etc). Chances are good that the tenant will not show up, but DO NOT let your guard down. The magistrates are not just going to grant you an eviction.

So, you'll need copy of the 10-day notice, a copy of the lease that should have been signed, a balance sheet showing how much the tenant owes, and anything else relating to this mess.

Don't get emotional or nervous. Just be able to back up your claim as best you can and you should be good to go. Should the eviction be granted, there is a 10-day appeal period. If the last day falls on a weekend, you have to wait until the next work day to file for a Writ of Possession. These are around $40.


Do not under any circumstances try to remove her belongings from your property. I know you want to, and it's your house and all, but you are asking for lots of trouble. Doing that is called a self-help eviction and is illegal in NC. I would also recommend that all communication between you and the tenant be in writing and sent certified mail, return receipt requested.

From the sounds of your situation, you probably do have a tenant that knows the game. There is a chance she will move out before the court date. Even if she does, go to court and make sure she gets another eviction on her record. This is extremely helpful to other people who rent houses, and you would have already paid for it.

If you have any questions, shoot me a DM. I'll offer as much info as I can. I've been in property management for 12 years.

[pink caddy]

Both posters that warned against putting her stuff out on the street or self eviction are 101% correct. You will wind up in a big pile of do-do with this tenant. Some of the damages possible could include, but not limited to, YOU paying treble damages that are handed down by the court.

Bitter pill to swallow but landlording is not an easy or part-time business.

[Native_Son]

I am a landlord, I've found it quite easy and even less demanding than a part time job.

Where the hell do you guys find your tenants? Do you not thoroughly research your tenants?

[pink caddy]

Originally Posted by Native_Son

I am a landlord, I've found it quite easy and even less demanding than a part time job.

Where the hell do you guys find your tenants? Do you not thoroughly research your tenants?

Buy a lottery ticket soon as you can and bf your luck runs out.
lol

[BobosCurse]

I'm calling shenanigans on the OP. Sounds like he's making fun of the "tenant won't leave"thread. :-)