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Old 11-30-2010, 02:49 PM
 
11 posts, read 57,364 times
Reputation: 16

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Hey any landlord or attorney, may you give me a hand?

I have an apartment to rent a women this July. She has stable income, but she didn't pay me rent. So this Sep I evict her by Small Claim Court. But she still didn't pay me rent, late fee and unauthourized pet fee, even say some bad words like "sh**t you", I called policeman.

Now How can I collect the non-payment rent, late fee, court fee and pet fee? Should I go to fill the second suit in Small Claim Court or find a collection agent?

Appreciate your help in advance.
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Old 11-30-2010, 02:55 PM
 
11 posts, read 57,364 times
Reputation: 16
I know where she is working, but don't know where she is living. She have a full-time job in a company and a part-time job in a grocery store. I cannot collect the rent from her salary according to the NC law. I really don't know how NC law can protect the landlord.
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Old 11-30-2010, 03:59 PM
 
5,150 posts, read 3,504,818 times
Reputation: 1382
Quote:
Originally Posted by springhope View Post
I know where she is working, but don't know where she is living. She have a full-time job in a company and a part-time job in a grocery store. I cannot collect the rent from her salary according to the NC law. I really don't know how NC law can protect the landlord.
How much does she owe? Regardless of what advise you get here, you are going to have to be very exact on how you proceed or your actions might not be legally valid. It doesn't seem from what you've said that you're equipped to do this on your own. But maybe someone will give specific advise.

In general you have to get a judgment and get here served by a deputy. That will cost money just doing that.

If she has property you could get an execution to seize it and have the Sheriff sell it but NC has a long list of exemptions to protect her from that. And if she had property she wouldn't need to rent.

If the money is worth it, getting a judgment means that she won't be able to get credit until she pays you. That means you'll have to be patient but chances are you would eventually get your money back.

But, did you run a credit check on her before you rented? If not then she probably was trying to get a place that wouldn't check for previous problems.

A judgment would hurt her as far as getting a credit card, car loan or mortgage. Many landlords end up getting checks years later when the deadbeat decides they need credit.

She also might fight you over it in small claims court. Who knows.
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Old 03-11-2011, 11:19 AM
 
11 posts, read 57,364 times
Reputation: 16
Thank you for your help. After I post this info, I called that woman and she promised paid in full on Dec 31, 2010. But she did not and wants to pay on Jan 15,2011. Again, she delayed to Jan 31 and said some threathen words. On Jan 31, I called her and leave measage, but she didn't call back. I guess that she won't pay. I am going to look for a collection agency.

What necessary actions shoul I take next? Is there any good collection agency? I called a few local agency and they don't collect unpaid rent.

Thank you!
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Old 03-11-2011, 11:49 AM
 
Location: North Carolina
572 posts, read 871,935 times
Reputation: 471
Quote:
Originally Posted by springhope View Post
Hey any landlord or attorney, may you give me a hand?

I have an apartment to rent a women this July. She has stable income, but she didn't pay me rent. So this Sep I evict her by Small Claim Court. But she still didn't pay me rent, late fee and unauthourized pet fee, even say some bad words like "sh**t you", I called policeman.

Now How can I collect the non-payment rent, late fee, court fee and pet fee? Should I go to fill the second suit in Small Claim Court or find a collection agent?

Appreciate your help in advance.
Did you not take care of this when you went to small claims court to have the tenant evicted? Why would you not tell the judge if you were owed money for unpaid rent? If you still have your court papers get the case number and go down to the court house and get a copy of the judgement. If you sucessfully evicted the tenant I can't image that the judge didn't inquire about unpaid rent and award that to you. You probably already have a judgement against her and you'll just have to wait until she pays up. I think a collection agency is a big waste of time and money. They can't do anything more than you can do which is call the lady and harrass her for the money. You're already doing that. Why pay them to do the same thing?
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Old 03-14-2011, 09:43 PM
 
31 posts, read 175,764 times
Reputation: 55
I have a tenant with more or less the same issue, won't pay on time and I now have a court date.

How long before I can get her forcibly removed?

Is there a way to get it on her credit reports? How much does that cost?
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Old 03-15-2011, 11:45 AM
 
Location: North Carolina; former New York Stater
6,066 posts, read 9,375,013 times
Reputation: 4099
In the past, we've never been able to recoup any monies owed us from former tenants. So good luck with that.

We did learn to start the eviction process on the 6th day of the month if the rent was due the 1st, and the grace period was 5 days.

To all landlords: To avoid such problems in the future, join TAA (Triangle Apartment Association or a similar group in your area) and buy their leases; adjust as necessary. Also, as a member, you can take advantage of their $45 credit check. Going online, you can submit the appropriate information, and you get back a "letter grade" indicating the probability of whether they'd pay the rent on time. They also offer seminars for landlords taught by a lawyer who specializes in rental law.

Before we did this, we had multiple tenant nightmares despite our best efforts.

We also learned that some tenants get evicted, and if you remove their belongings at the wrong time, they can easily sue you and win for the "value" of the belongings. Our tenant left computers and radios, and I'm sure she knew what she was doing. It took 3 months to evict, but that may vary. Talk to a lawyer; it's well worth it. Going to the seminars is less expensive, though.

Other tips: Don't accept payment after the eviction process has started. And a tip based on personal experience: Don't go into the property, even if you think it is vacated, unless you are following an armed sheriff who is doing the eviction. Just keep away.

After joining TAA and having a good lease and good credit check, we finally have good tenants. They are incredible. They just signed their second two-year lease.

My husband sometimes argues with our current tenants about who will do required house maintenance, but it goes this way:

Husband: I'll do that.
Tenant: Oh, no, that's okay, I'll do it.
Husband: No, really, it's okay, I'll do it.
Tenant: No, I don't mind at all. I want to do it.
Husband: Well, I'll pay for materials and give you $100 for your time.
Tenant: Oh, the materials cost would be nice, but you don't have to pay me anything extra.


Life is good thanks to TAA.
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Old 03-16-2011, 10:30 AM
 
11 posts, read 57,364 times
Reputation: 16
Quote:
Originally Posted by Time2Travel View Post
Did you not take care of this when you went to small claims court to have the tenant evicted? Why would you not tell the judge if you were owed money for unpaid rent? If you still have your court papers get the case number and go down to the court house and get a copy of the judgement. If you sucessfully evicted the tenant I can't image that the judge didn't inquire about unpaid rent and award that to you. You probably already have a judgement against her and you'll just have to wait until she pays up. I think a collection agency is a big waste of time and money. They can't do anything more than you can do which is call the lady and harrass her for the money. You're already doing that. Why pay them to do the same thing?
Thank you for your post. In last Sep I did inquire the unpaid rent when eviction, but the judge said next and was very busy. I pay extra $$ to get the judge paper and wait another 10 days to evict the tenant with the witness of sheriff. The tenant left her belongings in the apt. Sheriff told us not do remove them. Later the tenant came to get her belongings and said that she didn't own us any money. She didn't pay and won't pay, I think. I went to small court, I was told that I must sue her again for the rent and other money. If she still won't pay when get the second judge, we must sue her the third time and get the third judge paper. According to the NC law, we cannot get the money by garnishment from her wage and bank account. What is the NC law! I don't know the law how to protect the landlord's benefit?! If I sue her again and again and can get back the money, I will do it, but my labor is probably free. So I don't know how to deal with this thing?!
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Old 03-16-2011, 10:46 AM
 
11 posts, read 57,364 times
Reputation: 16
Quote:
Originally Posted by Glo456 View Post
I have a tenant with more or less the same issue, won't pay on time and I now have a court date.

How long before I can get her forcibly removed?

Is there a way to get it on her credit reports? How much does that cost?

I have no much experience in this matter. If your tenant didn't pay on the fifth day each month, you can give her a written reminder notice. From sixth to tenth day, you can send her the second written notice. According to the NC law, on the 11th day you can go to small claim court to evict him/her. It will take 2-3 weeks and $86 in Pitt county. After judgement, if she still won't move out, you can go to small court again for sheriff's help and pay extra $$. After 7 business day you can move her belongings in the witness of sheriff. You can refer LOVEBRENTWOOD's post. In Pitt county, it will take 3 weeks -6 weeks.

If the tenant still don't pay the rent, I have no idea how to collect the money and how to report her to credit report. That's the reason I post here.

In NC the landlord cannot garnishment the tenant's wage and bank account even you have the judgement.

I hope there is a database in which we can put the bad tenants.
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Old 03-16-2011, 10:55 AM
 
11 posts, read 57,364 times
Reputation: 16
Quote:
Originally Posted by lovebrentwood View Post
In the past, we've never been able to recoup any monies owed us from former tenants. So good luck with that.

We did learn to start the eviction process on the 6th day of the month if the rent was due the 1st, and the grace period was 5 days.

To all landlords: To avoid such problems in the future, join TAA (Triangle Apartment Association or a similar group in your area) and buy their leases; adjust as necessary. Also, as a member, you can take advantage of their $45 credit check. Going online, you can submit the appropriate information, and you get back a "letter grade" indicating the probability of whether they'd pay the rent on time. They also offer seminars for landlords taught by a lawyer who specializes in rental law.

Before we did this, we had multiple tenant nightmares despite our best efforts.

We also learned that some tenants get evicted, and if you remove their belongings at the wrong time, they can easily sue you and win for the "value" of the belongings. Our tenant left computers and radios, and I'm sure she knew what she was doing. It took 3 months to evict, but that may vary. Talk to a lawyer; it's well worth it. Going to the seminars is less expensive, though.

Other tips: Don't accept payment after the eviction process has started. And a tip based on personal experience: Don't go into the property, even if you think it is vacated, unless you are following an armed sheriff who is doing the eviction. Just keep away.

After joining TAA and having a good lease and good credit check, we finally have good tenants. They are incredible. They just signed their second two-year lease.

My husband sometimes argues with our current tenants about who will do required house maintenance, but it goes this way:

Husband: I'll do that.
Tenant: Oh, no, that's okay, I'll do it.
Husband: No, really, it's okay, I'll do it.
Tenant: No, I don't mind at all. I want to do it.
Husband: Well, I'll pay for materials and give you $100 for your time.
Tenant: Oh, the materials cost would be nice, but you don't have to pay me anything extra.


Life is good thanks to TAA.

Thank you for your experience and recommending the TAA. I am going to look for the local association, but I cannot find any in Greenville. It is expensive that You pay $45 for tenant screening. Our local application fee is only $25-$30. Now I use NTNonline and feel good.

I am happy that you have good tenants and hope you share more experience and tips with us. Thank you again.
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