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Old 01-06-2009, 09:56 AM
 
999 posts, read 4,252,766 times
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Hi all, I was wondering if anyone knows about eviction in NC. I have a tenant at my old home (3 hrs away from where I am now) who is way behind on the rent, I've given her time, written notice that she needed to get caught up or I would have to do something, and I've not heard from her (or gotten any money) since the week after I went to the house and put a realtor type lockbox on the door as further warning (can't show it now as it's dirty/messy inside). She's in violation of her lease-to-own agreement (many violations, including the unpaid rent, the extra person living there, the dog, the paint in the upstairs bedroom....).
Any help, or direction (links etc) would be great. I really don't want to do this, but feel I need to as I don't see her coming up with all the unpaid rent etc. any time soon.

We only rented the home as we had no offers and couldn't sell it at the time, but actually the market in there seems to be pretty good right now, many fewer homes on the market than when we were trying to sell the first time, and only ONE home for sale in my subdivision, and not so many in our school assignment zone, in our price range.
So, I'm new to this Landlord thing, hate it and can't wait to get rid of the house, but don't know what to do about the tenant.
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Old 01-06-2009, 10:14 AM
 
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Hi Joan,

I believe you are talking about a home in Fayetteville based on your previous posts. Is the tenant in the service, if so, you could contact their command. Otherwise, I believe the Cumberland County Sheriff's office handles evictions. Maybe contact them for guidance? Sorry you are going through this. I used to live in Fayetteville but still work there
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Old 01-06-2009, 12:00 PM
 
999 posts, read 4,252,766 times
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Quote:
Originally Posted by aphorista View Post
Hi Joan,

I believe you are talking about a home in Fayetteville based on your previous posts. Is the tenant in the service, if so, you could contact their command. Otherwise, I believe the Cumberland County Sheriff's office handles evictions. Maybe contact them for guidance? Sorry you are going through this. I used to live in Fayetteville but still work there
The house is in Fayetteville, she is not in the service, but her ex husband is, and his support payments have not been sent to her since April....she has an order but somehow they're still (according to her) not coming through with the full amount, and none of the back amounts. I still have to pay the mortgage, til I run out of money anyhow......
I will contact the Cumberland county sheriff's office, thanks!
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Old 01-06-2009, 12:23 PM
 
999 posts, read 4,252,766 times
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I have another question that's somewhat related, so I won't start a new thread here.....
I just got my mail today, and in it is a check for one whole month's rent....the last month she's paid through is October. On the note at the bottom is says "January rent"....In my mind it's November rent.....is this her way of trying to get out of January late fees? In my mind January is late until Nov and Dec rents are paid...am I right?

BTW, she's an accountant, so she's very good at keeping records of all of this, when I was questioned about fees she owed (red cross calling for the military to confirm what she owed) I made a mistake of not counting in the first $100 she paid on the deposit last November 2007---I was doing it from memory not my records, and she had it noted--good for her--and I had to clarify again that she was right, so it was not a "mistake".
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Old 01-06-2009, 01:22 PM
 
Location: Fayetteville, NC
1,490 posts, read 5,216,405 times
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Here it the info you need. You will need to file for Summary Ejectment to get the tenant out.

FILING A SMALL CLAIMS ACTION IN CUMBERLAND COUNTY (http://www.aoc.state.nc.us/district12/SmallClaims/smallclaims.html - broken link)

One good thing about having a local property manager is they will handle all this for you. You will need to appear in person to file and to appear at the hearing.

I feel for you. We have our old house in Goldsboro that won't well. We have been trying to rent it but I am afraid of something similar will happen to us.

Last edited by faabala; 01-06-2009 at 01:48 PM..
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Old 01-06-2009, 02:42 PM
 
999 posts, read 4,252,766 times
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Thanks for the info. I'm still hoping she can pull it together and I won't have to do this.
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Old 01-06-2009, 06:40 PM
 
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You're welcome, Joan. However, I think you have been more than patient with her. I am sure she knew darn well that she still owed for months other than January. I am wondering if she thought that by putting January on the check and you cashing it would mean that she was up to date. She has not communicated with you even when you tried to contact her. It does not sound very favorable and I think it would be in your best interests to get the house cleaned up and back on the market. Just my two cents, hope you don't mind my candidness. Good luck!
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Old 01-06-2009, 11:38 PM
 
Location: Fayetteville, NC
1,490 posts, read 5,216,405 times
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I'll agree with Aphorista. Especially if it was rent to own. The tenant knew what the deal was and is taking advantage of your good intentions.

The market in Fayetteville seems to be picking up. My wife and I are busy with buyers right now and January is usually dead.

Keep us posted on how it turns out.
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Old 01-07-2009, 07:26 AM
 
Location: Charlotte
2,447 posts, read 6,642,987 times
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I don't have any advice but I wanted to say - good luck! I'm sure you feel for her but you've been more than patient. She's taking advantage of you!
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Old 01-08-2009, 02:02 PM
 
999 posts, read 4,252,766 times
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Thanks for the helpful replies!
She did email me, and stated that she figured she could at least get Jan rent in and not have to pay a late fee on it, though she knows she owes the other months.....
I am so not ready to put it back on the market again though, since we had only lived there such a short time and got a VA loan we cannot hire a realtor since we would end up paying at closing........I have to sell it myself, so I just keep hoping that she'll come through and I don't have to try to sell it long distance again.
I know she's taking advantage of me........another couple of weeks won't hurt right now.
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