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Hello everyone, I'm sorry to make this my first post, but I'm in need of some real advice. I live in NC and have been a tenant at same place since 05/2012. Recently had an eviction notice on my door when I got home the other day, reasons cited are: not paying rent on a timely basis, failure to pay late fees, failure to keep grass cut and grounds in an acceptable manner, and excessive trash in and around house and outbuilding.
The grass has been cut regularly, always. There were alot of tall weeds around one part of the trailer, they were removed before the notice arrived, and there at times has been trash (in bags) on the ground or porch, next to the trash can. Rent has been late, I admit that, but here is where the eviction gets questionable. The lease signed states that if there is trash or weeds or whatever removed, I will be billed for it, not evicted. The rent has been late ever since my landlord left me a notice at the first of the year that the payment/late payment rules have changed, now being charged additionally for every day past due. Also, the energy bill is in his name and I pay the balance, (worked out in lease) but he has only given me 3 bills since september 2013, despite asking for them every month. Overpaying my energy bill to be sure I dont lose power has left me at times not enough to pay rent on due date. My landlord has not fixed the central a/c unit (needed servicing in 2013), and he definately knows about it. The lease also calls for him to provide air filters, smoke alarm (put one up myself), notice to tenant before entry. In doing my homework, I discovered that there is a law in NC prohibiting late payment fees to tenants to be anything other that $15 or 15% of rent amount, and it has to be a single fee, not increasing from day to day. So armed with this knowledge, I'm not real sure what to do. I would greatly appreciate any advice. If you made it this far, thank you for sticking me, I know its long.
I'm thinking, from rough math that my payments in accordance with state rental law, has made a positive balance with my landlord, and everything else had been taken care of before the eviction notice, along with his failure to abide by rental law and terms set in the lease himself, then he can't evict me.
Check the laws for NC... there is a sticky with contact list for each state. Find another place to live No way I rent a place from a LL the way you describing!
It always strikes me that tenants admit wrong doing and not taking care of the property and paying late but when the LL LL finally wants to act in a legal way, all of sudden the tenants seems to know what their rights are but not their LIABILITIES and duty to maintain and pay on time.
I would suggest to start putting effort in maintenance than sitting behind a computer and if the LL can see a change they may have a change of hearts. It seems it is a one way street where you take and not give back.
Move and start over so both parties can be happy and staying will result in eviction after reading all the things you mentioned and admitted to.
Btw another LL will probably not easily take someone with an eviction and the ones that do are usually not the best LL but that is what you get and have to deal with unless you start complying with the law and lease.
Another thing ....most tenants who don't pay rent on time and struggle all have internet, computers, many have IPhones since their messages/emails come from IPhones which have a higher monthly contract and only after we tell tenants that they are risking not having their lease renewed is when they seem to get it that rent is not something that can be on the back burner and going to Disney as we hear and see online in postings is more important than doing the right thing.
But if course it is always the LL not repairing stuff...well maybe news for tenants like that. A LL only has to take care of emergency repairs and not regular maintenance which most LL rather do as well but not when rents are always late and tenants are not taking care of trash unless they are told, etc.
You'd probably gain a lot if you go to the first "sticky" on this page and go to the NC landlord tenant laws. There are steps to follow in reporting maintenance/repair issues and everything (including that) is set out pretty clearly. If you haven't been receiving regular energy bills the obviously you need to get that straightened out but the biggest issue is your habitually paying rent late. My other supposition is that the communication between you and your LL is very sparse. You need to put things properly in writing.
\What you received was more likely a "cure or quit" notice rather than a formal eviction notice which would come from the court. If you remedy the defaults within the time proscribed on the "cure or quit" then formal eviction will not be undertaken.
You need a better understanding of the responsibilities of landlords and tenants. Good luck.
Another thing ....most tenants who don't pay rent on time and struggle all have internet, computers, many have IPhones since their messages/emails come from IPhones which have a higher monthly contract and only after we tell tenants that they are risking not having their lease renewed is when they seem to get it that rent is not something that can be on the back burner and going to Disney as we hear and see online in postings is more important than doing the right thing.
But if course it is always the LL not repairing stuff...well maybe news for tenants like that. A LL only has to take care of emergency repairs and not regular maintenance which most LL rather do as well but not when rents are always late and tenants are not taking care of trash unless they are told, etc.
It is a two way street!
Not to get away from the original point of the post but since you went off topic, i want to clarify, not all iphones have a higher contract. My iphone costs the same on the monthly bill as my husband's android.
Hello everyone, I'm sorry to make this my first post, but I'm in need of some real advice. I live in NC and have been a tenant at same place since 05/2012. Recently had an eviction notice on my door when I got home the other day, reasons cited are: not paying rent on a timely basis, failure to pay late fees, failure to keep grass cut and grounds in an acceptable manner, and excessive trash in and around house and outbuilding.
The grass has been cut regularly, always. There were alot of tall weeds around one part of the trailer, they were removed before the notice arrived, and there at times has been trash (in bags) on the ground or porch, next to the trash can. Rent has been late, I admit that, but here is where the eviction gets questionable. The lease signed states that if there is trash or weeds or whatever removed, I will be billed for it, not evicted. The rent has been late ever since my landlord left me a notice at the first of the year that the payment/late payment rules have changed, now being charged additionally for every day past due. Also, the energy bill is in his name and I pay the balance, (worked out in lease) but he has only given me 3 bills since september 2013, despite asking for them every month. Overpaying my energy bill to be sure I dont lose power has left me at times not enough to pay rent on due date. My landlord has not fixed the central a/c unit (needed servicing in 2013), and he definately knows about it. The lease also calls for him to provide air filters, smoke alarm (put one up myself), notice to tenant before entry. In doing my homework, I discovered that there is a law in NC prohibiting late payment fees to tenants to be anything other that $15 or 15% of rent amount, and it has to be a single fee, not increasing from day to day. So armed with this knowledge, I'm not real sure what to do. I would greatly appreciate any advice. If you made it this far, thank you for sticking me, I know its long.
I'm thinking, from rough math that my payments in accordance with state rental law, has made a positive balance with my landlord, and everything else had been taken care of before the eviction notice, along with his failure to abide by rental law and terms set in the lease himself, then he can't evict me.
Am I right on this? or even close?
So you want to get back at you LL for throwing you out because you can't pay the rent on time? Sounds like instead, you need to move out and find somewhere cheaper to live.
Not to get away from the original point of the post but since you went off topic, i want to clarify, not all iphones have a higher contract. My iphone costs the same on the monthly bill as my husband's android.
Ok thanks for letting me know but the Iphones I pay for on my contract for my kids are higher monthly and were higher in price to buy and aside from that the tenants who stop paying rent are rarely seen with cheap phones which strikes us as what some people priorities are and that also counts for section 8 tenants who never call our office for the cheaper rentals but only for pool homes.
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