In N.C. how much notice must be given a tenant when not renewing a month to month lease. I would like to do this fairly, but the tenant never has the rent on time. Can I just inform him in person, or do I need to go through the court system,send a cert. letter, and pay fees that I won't get back as well as the rent that he will probably won't pay. I have tried my best to work with this tenant, but he still hasn't payed all of the security deposit and always has a new excuse for not having the rent.|||30 days notice. Use certified mail just to be safe; NO reason is needed.
"your tenancy will expire as of Sept 30, 2011.
signed.......
if he does not move, you must go to small claims court and get a WRIT OF RESTITUTION
and take that to the sheriff.|||Send them a certified letter giving 30 days notice from the next rent due date. If they refuse to move then you will have to follow the eviction process per you local laws. After he is evicted you can take him to small claims court for any back rent or damages to the property. Good luck|||30 days notice that you're not renewing and it should be in writing and via a certified letter (with return receipt).|||You need to check your local laws...each state is different but basically you need to give him 30 days notice. Sending a return receipt letter is a good idea and be sure it is received in plenty of time. That gives you proof of sending the letter and it's receipt. Keep copies of everything. The 30 days is usually given when the rent is due and then they have that month to move. Let me assure you that small claims court is a real waste of time. Collecting, especially in Texas, is impossible. All you can do is place a lien and renew it every 10 years and ruin their credit. Hardly worth the time and $.|||Yes this site is NC Landlord tenant law.
Most states require a tenant in good standing (paid up) to receive 30 to 90 day written notice to vacate.
BUT when a tenant owes rent or other deposits he has not kept the contract so you do not have to give him notice, and If you have his record of payments what you do have as evidence I'd copy it and personal give him a copy and a 24 hour notice to pay all that's dur or vacate and mention the sheriff going to help him.
This is my opinion and I'd try this to avoid courts and I think it applies:
He might even be in the process of causing fraud as he promised one thing to con you out of rent and has not tried to do as you agreed.
If he does not leave call the sheriff department and explain the situation you have a squatter you want out since he has still not done ANY part of the original agreement. The sheriff departments are very sympathetic to land lords and since you tried to give them a break and was only taken advantage of you probably will not have any problem. Still the 24 hour notice might be enough with him knowing the sheriff gives them one hour to get what they can and leave in most states|||If he isn't paying his rent or hasn't paid the security deposit according to whatever agreement you had, you can give him a 3 day notice to pay or quit. The thing with doing that one is, you need to follow up with filed court papers for eviction which is going to cost you money.
The other route is you would need to give a 30 day notice to vacate, but since this guy hasn't paid, you would do better to follow the legal route, since my guess is, you are eventually going to be stuck doing it that way since he probably won't take you seriously or move. See, he would know he has more time past the 30 day notice because you would have to go to court etc. He basically could buy himself another 72 to 90 days at your place not paying rent.
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment