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This pertains to North Carolina Landlord/Tenant laws
Backstory: On August 30th, 2018 I notified my tenants via text message, over the phone, and in person that I would not renew their year lease which was set to expire December 1st, 2018. The lease agreement we signed did not specify the means to deliver this news (say, a Notice to Vacate form) nor if after the expiration of the lease that the lease would convert to month-to-month. I told them that they could stay through December 2018 and January 10th rent free as long as they vacated on the 10th.
I occasionally get messages asking for "more time." Since I followed the law and gave them well over a 30-day notice, I believe if they stay past the 10th that any eviction proceedings which may follow will rule in my favor.
I don't know the NC specifics, but that sounds right.
It's never good if they just ask for more time, it means they can't find anything and are hoping to just stay put for who knows how long. This could easily turn into an eviction dragging out for months (I don't know the fastest it can happen in NC). It's not as bad if they ask for a specific amount of time such as the 16th because that's when their new place is available, but an open-ended extension is a huge red flag.
Can you go to court to file an eviction on the 11th? If so, do so and let them know in advance (that may motivate them to take the next apartment they can get approved for).
No, but I recorded it in my text message to them in August. Had no idea there was a form; I’m new to being a landlord. I really didn’t expect them to be this difficult. Also, I can file eviction proceedings on the 11th.
It doesn't necessarily need to be signed (at least not in all states). Documentation that either party could bring to court could be enough to show an agreement. Emails count, texts probably count, etc. If both parties agree to it and it is obvious to the judge that they both were agreeing to the same thing, it will probably stand. Even if they never responded and you just said "you can stay until January", a judge may consider that an agreement if they acted as if they were accepting that offer by staying.
Of course, a signed agreement would be the most official and least contestable method of agreement.
Exactly. Most know that if they stay, there will be a minimum amount of time they get free rent before the sheriff's deputies actually come and remove them. They will also give you sob stories and ask for more time.
You simply say that they need to be out by a certain date, and if they aren't, you serve them the notice. They will only know you're serious and not giving an inch when you move forward. Then all of a sudden something will work out for them, they try harder, or sometimes actually show up in court.
They just say “I need a little bit more time.” I respond the same way each instance, “I cannot provide you with more time. The property will need to be vacated on the 10th so I can inspect it and retrieve the keys. Thank you.”
I don't know why you offered them more time rent free! You gave them three months notice. If your state requires a grace period for late rent, you've just clouded the situation by telling them that they could stay rent free for more time. Now they could argue that the clock doesn't start on late rent until January 10th!
I strongly urge you to go to an experienced LL's eviction lawyer, and just let him handle it. These people aren't going anywhere without you letting them know you mean business - and the way to do that is with an attorney handling it. Evictions for "staying over" take longer than evictions for non-payment of rent, but the tenants DO have to pay rent during the time that they stay over, or it becomes an eviction for non-payment of rent. In addition, you should notify them of a substantial rent increase to slightly above market value for as soon as you can make it - probably for February 1st, at this point, since you left it for so late. That way, there is no financial advantage for them to stay over. In our leases, there is a paragraph addressing staying over, and the rent is 20 percent higher the minute that they do stay over. That way, it's cheaper for them to move than to stay. So you need to rescind any offer you made of them staying for any amount of time without their paying rent. You need to notify them again, in writing, through your attorney, that your notification in late August that you would not renew their lease stands. And your attorney needs to file the paperwork, whatever the process is in your state.
I'm sure you have many, many reasons not to just give this to an attorney to run the eviction. But you're running a business, not a charity. People who stay over, having been given THREE MONTHS NOTICE, are NOT good tenants, and they're not going to leave without you either paying them to leave, or evicting them.
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