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NC eviction notice on month to month lease
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Yolanda
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 Posted: Tue Mar 25th, 2008 12:58 pm
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I understand emotions get in the way; however, you need to exercise caution.  It does not appear you did anything "wrong", but if you do have an attorney, it is best you leave everything to him/her.  Do not accept phone calls from this person.  If necessary block the phone calls and/or do not anwer the phone.  This person can become "excessive" in calling.  Ask your attorney to write a letter requesting that he not harass you or your relatives.  Hope everything goes well. 

QVCDiva
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 Posted: Sun Mar 23rd, 2008 01:24 am
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Yolanda,

Thanks for the response. I do hope we can get this wrapped up quickly before we lose too many more things and before the house is totally destroyed. The only mistake that I've probably made in this is I went by yesterday to check up on things (see if he had left) and also to get measurements for a door that will need replacing once he has been removed from the premises. Anyway, he wasn't there at the time and I felt the need to leave him a note reminding him that he needed to be out by the 31st and if he wasn't he would be removed (unfortunately, I have a tendency to get a little emotional). Being that he's an obnoxius drunk, this just set him off (he called my mom harrasisng her) and tried to get in touch with / harrass me (left a message on my voicemail). I hope that me leaving the note did not affect anything. Just wanted him to know that this was not a joke. 

Last edited on Sun Mar 23rd, 2008 07:34 am by QVCDiva

Yolanda
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 Posted: Sun Mar 23rd, 2008 12:54 am
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QVC Diva, it appears you are on the road to success.  It is an ardious task to evict someone, and you are smart in hiring an attorney to do so in your father's best interest.  This tenant is on a month to month lease since there is no formal lease agreement.  You are only required to give 30 days notice or whatever prescribed amount notice is suitable for your state.  If this tenant does not vacate the property, then you file for eviction or your attorney will.  You then go to court to formally evict.   Most tenants by this time will move out.  There are some die-hards that will stay as long as they can - those are the professional ones! If the tenant still does not move out, then you file a Writ of Possession or something similar in your state, and eventually your tenant will move out.  Even though you have an attorney, I highly recommend that you become very familiar with your state statutes and local law. It is imperative that you know this so you can proceed accordingly.  Even though attorney's are the experts, I always question them to ensure I know they have my best interst at hand.  Good luck to you and look forward to future posts!   

QVCDiva
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 Posted: Sun Mar 23rd, 2008 12:21 am
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Layodi, I live in NC and am in a similar situation. My dad has allowed someone to live in his house for over 3 years without a lease, paying rent, or contributing to the utilities (love my dad by he's not very business like). Anyway,  a little over a year ago, my dad had to go into assisted living and I became his power of attorney. Initially, I allowed this person to continue to live there (as I live over an hour away and we weren't sure how long dad was going to be in assisted living) just to have a presence, etc.; however within the past 3-5 months this person has started drinking (can we say old, beligerent, loud-mouth drunk) and things are turning up missing out of the house. Even though he has never paid anything, I decided that it was in our best interest to handle everything legally as I've finally convinced my dad to sell the house.

Anyway, I'm happy I found this thread as I didn't fully understand the entire eviction process. My lawyer sarted procedings by sending him the notice to vacate the premises by the end of this month. So, based on your situation, if I'm understanding this correctly, if he's not out on March 31st, then we go to court (I doubt that he will show up and I also doubt that he will leave without being forced out) and if he still refuses to leave, I go back to court and schedule a set out date.

Didn't mean to high jack your thread but our situations seemed similar.

I have a few other questions but will start a new thread for those.

Yolanda
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 Posted: Tue Feb 19th, 2008 05:03 pm
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LAYODI, have you given the proper notice to vacate and/or filed for eviction proceedings?  Time is of the essence here!

LandlordLaura
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 Posted: Mon Feb 18th, 2008 12:45 am
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Please do not "self-evict" your Tenant.  Go through the Court and follow the Landlord Tenant Laws and legal proceedures very carefully so that you may legally evict the Tenant as quickly as legally possible.

OH landlord's suggestion of locating a Landlord Association in the area where the rental property is located is a good one because you could get very specific advice and/or recommendations from Landlords who do business in the same area that you do...

LAYODI
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 Posted: Sun Feb 17th, 2008 10:34 am
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I did have her sign a month to month lease. Would it be legal to pack up her things myself and put her them in another room if she doesn't move out? This way at least the next person I rent the room to could move into the room.

TXaptmgr
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 Posted: Sat Feb 16th, 2008 04:58 pm
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Check with locale laws of course but did you actually have a lease with this person?  I don't recall you stating there was a lease.

OH landlord
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 Posted: Wed Feb 6th, 2008 01:53 am
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Do you mean after she is served her notice to quit, or after the eviction hearing where a judgement for possession is granted to you?  This process varies somewhat by state but generally:  The notice to quit period varies by state.  My state's notice is only 3 days (not counting weekends or holidays).  Other states have 5, 7, or 10 day periods.  (I think NC is 7 days.)  If she does not move out by the time this notice expires, eviction must be filed with the court.  It takes about a month (or more) for the hearing to be held once the papers are filed with the court. The judge may grant the tenant more time to move after he gives you possession.  The tenant may have 48 hours or up to a month to move after this, depending on the judge.  If the tenant still does not move, you contact the court and schedule a set out of the tenant's possessions.  The entire process from start to finish can take less than a month to nearly 2 months long.  I would contact a local LL association to find out how quickly things move in your local courts.

LAYODI
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 Posted: Tue Feb 5th, 2008 06:36 pm
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In case I do need to evict my room mate, which I believe I will have to, how long would she have to move out after being served with eviction papers?

Yolanda
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 Posted: Thu Jan 31st, 2008 10:00 pm
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A verbal notice is not enough.  You need written documentation.  Take the 30 day notice that you gave her originally to the designated court.  They may accept it.  Ask  if it is sufficient to proceed with eviction.  If it does not suffice, they will direct you to give her a notice to pay or quit or other documentation, then follow the eviction proceedings. 

OH landlord
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 Posted: Thu Jan 31st, 2008 09:23 pm
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Give written notice, posted to her door.  Keep a copy for yourself.  Eviction forms are available from the clerk of court in your county.  Most forms are free and some are online for you to download online.  The clerks usually have a sample page to show you how to fill them out.  The clerk can tell you what it costs to file for eviction (it can range from $50 up).  You usually will need a copy of the 30 day notice to file with the eviction forms.  Fees vary by county.

LAYODI
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 Posted: Thu Jan 31st, 2008 08:33 pm
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When I give the initial 30 day notice, is a verbal notice enough, or should I post a notice to vacate on her bedroom door? And if she doesn't leave, is a notice to evict expensive or difficult to get? I appreciate all your responses!

Laurie

OH landlord
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 Posted: Thu Jan 31st, 2008 08:24 pm
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Additionally, if she does not pay rent on time, you can file a pay or quit notice (following your state's service guidelines), then start to evict immediately once it expires and she has not paid or left.

Yolanda
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Joined: Wed Mar 1st, 2006
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 Posted: Thu Jan 31st, 2008 02:19 pm
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A 30 days notice to vacate does not need to be signed by the tenant, but needs to be served properly.  If it was posted on her door and sent by CMRRR, would suffice.  Check your state statutes and local laws for the proper procedures.  You have to follow the law.  If she does not move out, you need to follow eviction procedures.  You cannot change the locks as you will be held liable and she can take you to court for illegal eviction. 

LAYODI
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 Posted: Wed Jan 30th, 2008 09:05 pm
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I live in North Carolina.....I rented a room in my mobile home 3 months ago to a woman who I later found she has mental problems, plus she has been consistently 2 weeks late with her rent each month. I wrote a 30 day notice for her to vacate the premises, but she refused to sign it. I also just found out that she has recently lost her job. I told her she had 30 days to move out and that I was changing my locks after that notice had run out. Is a verbal notice good enough to evict? And am I allowed to change my locks after her 30 days are up? I'm pretty sure she will not pay rent for February. What are my rights? Thanks in advance.

Laurie

 


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