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Old 03-18-2009, 09:12 AM
 
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I need to serve a tenant with a pay or quit notice. Am I correct that they get 10 days here in NC? Is this a standard form I can get somewhere?

Thanks
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Old 03-18-2009, 10:18 AM
 
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It's 10 days from the date rent is due on the lease. So I'm assuming your tenant didn't pay March's rent? You can go ahead and file your summary ejectment now. In the apartment industry, we always file evictions on the 11th of every month.
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Old 03-18-2009, 11:10 AM
 
Location: North Carolina; former New York Stater
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Here is a government link with forms: Civil Division: Clerk of Superior Court - Wake County, NC

My advice: Do not delay.
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Old 03-18-2009, 11:17 AM
 
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Thanks guys. We bought a property with tenants in place and they've turned out to be less than stellar. Any advice on how to serve notice when one of the parties on the lease is in now in jail?
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Old 03-18-2009, 11:25 AM
 
Location: Durham, NC
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Quote:
Originally Posted by justusbarkers View Post
Thanks guys. We bought a property with tenants in place and they've turned out to be less than stellar. Any advice on how to serve notice when one of the parties on the lease is in now in jail?
I tried to do that with someone I was taking to small claims court and you need to get permission from the DA so the sheriff can serve them the papers and so they can attend. They used a certain term for it but I can't remember. When you go to file your papers the clerk can probably help direct you. Since I knew what day the guy would be released I just waited 3 more weeks for him to get out rather than deal with that.

Legal Aid's website has been helpful on the process: http://www.legalaidnc.org/public/learn/publications/small_claims_court/Small_Claims_Chapter_2.aspx
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Old 03-18-2009, 12:41 PM
 
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The contract says they pay on the 2nd and 16th. When the 2nd comes the tenant says that they had verbal agreement with the previous owner to do a mid-month and end of month payment schedule instead. Previous owner confirms he was "flexible" with their payment schedule. Tenants haven't paid us anything for March. Because we are in this muddy situation I want to have a very clear paper trail. Should I send the pay or quit (the ten day notice ending ~ the end of the month) or just file for summary ejectment on April 1st? I know I would usually be better to start the eviction ASAP, but I want to make sure that when i get to court there is no issue with any verbal agreements with the prior landlord and it seems that filing on April 1st is much cleaner. Opinions?

Am I correct that even if they come up with the money once I start the eviction process that I do not have to accept it and let them stay?

Thanks again for the help.
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Old 03-18-2009, 01:22 PM
 
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First off, as far as serving him in jail, talk to the Sheriff's office when you go file and have them served. They'll know what to do.

Secondly, the written lease trumps anything verbal that the tenant may or may not have with the previous owner. So if the lease says they have to pay on the 2nd, then that's when rent is due. It is a bit of an unusual circumstance though, so you could consult a lawyer just to be sure, but in my experience, I think you'll be alright. The magistrates here are very landlord friendly and really don't accept any BS from tenants when it comes to non-payment. I know of a fantastic landlord tenant attorney if you'd like to consult with him. Just PM me.

And you're right, once you file, you have no obligation to let them pay and stay. They've already breached the contract. Just make sure you don't accept ANYTHING from them if you intend on making them leave. If they try to drop anything off to you, send it back. Accepting payment of any form would negate the entire case and you'd have to start all over.

And in case you didn't already know, the eviction process will take anywhere from 45-60 days from start to finish. So the longer you wait, the more you'll be out.

Good luck!
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Old 03-18-2009, 01:51 PM
 
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They didn't sign a new lease with you? The old lease is between the tenants and the last owner
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Old 03-18-2009, 02:59 PM
 
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A lease travels with the property. The tenants and the new owner have to honor the contract until it ends or they agree to terminate it. The same would be true for the heir of the landlord if he/she died.
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Old 03-18-2009, 03:17 PM
 
Location: Durham, NC
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I happen to notice this:
http://www.abanet.org/legalservices/...ordHandout.pdf

There is a section about criminal activity. Since you mentioned the tenant was in jail perhaps this may apply to you.
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