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.
My tenant seems to be experienced at knowing what her tenant rights are. Since this was my first investment property, I made the property extra nice with new everything in a not so desirable neighborhood and thought a new tenant would be happy.
Before long, she called the City inspectors, and I am now faced with a litany of small infractions that I need to fix. This notice came to me after I filed for eviction with the county.
She is belligerent. So I had cops accompany me when I went in to do few minor repairs in the house (this is after eviction notice)
The questions are -
**Can I legally change the locks after the day of judgement or do I have to wait another 10 days? **
** Can I remove the front door, on the day of judgement, and forget about changing locks ? **
Either of the choices will be hard to follow through, given the violent nature of tenant.
Google, "(your state) landlord tenant laws" for a start. Read through everything there and then consult an attorney. With all due respect you should have researched your state landlord tenant laws and familiarized yourself with every little detail before you decided to be a LL.
Do you have a lease with her? If you're in this much doo-doo you either don't or the lease agreement you entered into has a whole bunch of loopholes which your tenant is taking advantage of.
You served her an eviction notice, a court date will be appointed and at that time you'll appear to state your case. Take photographs of the property to demonstrate any present damages. Give the tenant 24 hours notice of your intention to inspect the property via email, a recorded telephone call or text (the police will accompany you). Good grief, why on earth did you decide to be a LL when you knew nought. Rhetorical question, of course. Better luck next time!!!
In my state, you have one court date to get them out, this is not typically called a judgment. If they move out, as ordered, then you have possession at that point, and can change the locks. If they do not, you go back to the courthouse and get an automatically granted "illegal detainer", which allows you to go hire the sheriff (expensive, but the only legal option) to physically move them out. A judgment for money owed is obtained through a second court date here, so a judgment has nothing to do with the eviction process, at least in my area.
And yes, changing the locks or removing doors prior to receiving possession back is typically illegal.
Please call a local landlord/tenant lawyer today and get a consultation -- the money spent will be well worth it for you, as the last thing you need to to do something illegal in this process and not be able to get her out for good. Do not rely on advice from people on the internet. Many have sound advice, of course, but laws vary from state to state.
Thanks to all who cared enough to post, even though some comments were critical. I have feared being a LL so much for so many years though I always wanted to, that I just 'jumped in'. That said, I am a risk taker by nature, but will NOT do anything illegal.
@Chicagojlo, you have got it right more so than anyone else. My background check was weak, the previous landlord did say she broke the lease because of a bedbug problem.
@lawmom, I talked to an attorney today. The NC laws state that 10 days after the trial/hearing, a writ petition is signed to take legal possession of property. The 10 days are to give the tenant a chance to appeal or move out her possessions.
@lacerta, day of judgement means the trail/hearing date for eviction.
@STT Resident, you are right, I didnt research as much as I should have, there is no way to learn the game unless you are in it. My lease says rent due 1st day of month, after 5 days, I give notice of eviction to tenant. I did that. By 16th of the month, the tenant received a notice from the court. 31st is the date of the trial. for 10 days following that, the tenant gets to appeal.
The problem I had not foreseen is that she would call the building code inspectors. They send me a notice of complaint in the mail. *That* has a separate hearing date. Some of the things on there are so weird for the city to complain about. This house is 60 years old, but I have brought it up to shape with new roof, working AC, Water heater, HVAC system, flushing toilet, clean and functioning kitchen, big refridgerator, w/d, etc. The city came up with things like hole under the kitchen sink wall, caulking in the bathtub, jammed windows, loose attic staircase, one siding panel missing, one hole in the fascia, you get the picture.
The lease explicitly says the tenant accepts that the home is in good condition, and is responsible for all repairs. Don't know how the tenant qualified for a free lawyer from legal aid..
How are the windows jammed? Would a quick spray of WD40 take care of it?
For the bathtub, caulking is cheap and easy to apply.
For the hole under the kitchen sink, you can fill it with a can of "Great Stuff" insulating foam. It's sold either with the caulks or with the glues in a hardware department and is cheap (but it's a one-time use, so don't try to save the can for a second application).
Can the staircase be fixed by adding a couple of nails? Failing that, can the staircase be removed and have it require putting a ladder there to access the attic?
Hopefully these fixes are quick, cheap, and easy. Doing them will show the courts that you have made a 'good faith' attempt and if the tenant continues to complain, it'll be more likely to backfire on her!
The problem I had not foreseen is that she would call the building code inspectors. They send me a notice of complaint in the mail. *That* has a separate hearing date. Some of the things on there are so weird for the city to complain about. This house is 60 years old, but I have brought it up to shape with new roof, working AC, Water heater, HVAC system, flushing toilet, clean and functioning kitchen, big refridgerator, w/d, etc. The city came up with things like hole under the kitchen sink wall, caulking in the bathtub, jammed windows, loose attic staircase, one siding panel missing, one hole in the fascia, you get the picture.
The lease explicitly says the tenant accepts that the home is in good condition, and is responsible for all repairs. Don't know how the tenant qualified for a free lawyer from legal aid..
That's why I am now panicking.
Why do you say you could not have foreseen this? The things you are being cited for are not weird, or minor - they need to be fixed, for the house to be habitable.
@bouncethelight for a house to be deemed habitable in Charlotte, NC, the landlords are required to offer tenants livable premises, including adequate weatherproofing; heat, water, and electricity; and clean, sanitary, and structurally safe premises --- done! In other words, if the property was uninhabitable, the tenant wouldn't fight tooth and nail to live in it for free.
thank you floridacare, all these are simple fixes. Problem is tenant is hostile, and its not impossible to do anything without cops present. I will just wait for her to leave and then deal with the complaint. Right now, there is no 'finding's yet, it is just complaint, I have right to refute that complaint with the city.
When the premises
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.
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.
