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One simple answer...don't take a dime even though it sounds so nice to get some money...than you can get him out...any penny you take will set the clock back for the tenant.
Post a 3 day notice the day he is late after the grace period and credit history is very important since it shows tenants habits of paying bills...
Usually dead beats have collections from utility companies and phone providers.
Please suggest me what should I do next. I know he will going to bring the rent for December with late fees of November (Judge seems agreed to it last time) and December. What should I say about January rent?
Should I file for eviction on 8th day of that month for non payment after giving 3 days notice from 1-5 days grace period according to North Carolina Law.
Thanks for all of the people response. Law differs from State to State. I'm looking for responses from North Carolina.
I know how you are feeling. I have property we rent out. Last year we had a loser tie us up with unending lies and excuses. Then didn't show to court which pushed it back again. We finally got her before the judge and we won the case and rent owed in installments but what a chore.
You need to follow the letter of the law including hiring a deputy to serve him the papers. In some states it feels like the law is more on the side of the offender then you. it stinks. you might also have to store at your cost for 3 months anything the loser leaves behind like clothes, furniture, junk.
My brother in law lives in another country and he had a rental where the tenant stopped paying him. He went over to the guys house when he wasn't there with a BIG friend and tossed out all the guys stuff on the street and changed the locks. It would be nice but you CANNOT do that here. If you did you would probably be paying the guy rent.
Hire an attorney used to dealing with deadbeat tenants.
Good luck.
Please suggest me what should I do next. I know he will going to bring the rent for December with late fees of November (Judge seems agreed to it in last hearing) and December. What should I say about January rent in front of Judge ?
Upon not receiving a rent:
Should I file for next eviction on 8th day of that January(If he didn't bring the rent on court day on next hearing) for non payment after giving 3 days notice from 1-5 days grace period according to North Carolina Law.
If I unable to evict him.
Can I give him a 30 day notice to vacate as soon as I get rent from court. Then can I evict for overstay as well as for non-payment. Which will gives me more options to get him out.
I don't even know what you just said there. It really doesn't sound like you understand the legal system regarding being a landlord in your area. Get an attorney.
I don't even know what you just said there. It really doesn't sound like you understand the legal system regarding being a landlord in your area. Get an attorney.
All I m saying is he will be bring the rent on that day,if he didn't Judge will find in my favor. If he did bring the rent on hearing then case will be dismissed. I'm looking for the responses for what I should do in future in order to kick him out. I know that person will pay late again and I want to file second eviction immediately (while getting blind and deaf for his excuses) but I don't know which day will be permissible according to NC
Ask at the courthouse what is the earliest day you can file. You should really know this already. Haven't you read your landlord/tenant laws?
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