I have a property in Dare County I rent long term, and the tenants have repeatedly not paid their rent on time. They have not paid this month's rent at all and I need to evict them. How do I go about doing this?

7/16/2007 8:39:21 PM

shotgun

7/16/2007 8:45:12 PM

call up the sheriff of dare county

7/16/2007 8:46:25 PM

try the courthouse for the county, i'm sure there is a lot of paperwork involved.

7/16/2007 8:48:22 PM

probably by not asking on a message board?

7/16/2007 8:56:39 PM

I would call law enforcement. . .maybe check around online for procedure on eviction.

7/16/2007 9:38:57 PM

for 50 bucks i'll use my brutal force to kick them out

7/16/2007 9:46:11 PM

I know that law enforcement is like ALWAYS there when they kick people out on tv.

7/16/2007 9:48:55 PM

you should seriously consider hiring an attorney in Dare County to help you. if you try to do this on your own, you are taking many risks. PM me if you want some advice on who to call (i'm a legal assistant)

just curious, where is the property?

[Edited on July 16, 2007 at 10:15 PM. Reason : .]

7/16/2007 10:14:41 PM

You are gonna have to file papers at the court house to evict them. Maybe the clerks office can help you but at any rate you will have to either do it in person or hire someone to do it.

If the property is that far from here you might want to hire a property manager to handle this for you in the future.

You do not have to have an attorney to evict them, but if you try to kick them out without a court order you are gonna need one.

7/16/2007 10:18:48 PM

Don't you have to give them a month's notice you want them to leave or something?

7/16/2007 10:22:19 PM

You should look into filing a complaint for summary ejectment in Dare County court.

This provides a brief intro to that process and small claims court, but it is complicated so I recommend you get help from an attorney in Dare County.
http://www.legalaidnc.org/publications/Small_Claims_Court/default.htm

7/16/2007 10:26:13 PM

Here's an example of how it works:
http://www.charmeck.org/Departments/MCSO/Divisions/Field+Operations/evictionprocess.htm

The process of eviction in North Carolina begins with giving the tenant a written notice of nonpayment. After the written notice is delivered, you must allow a ten day grace period for payment before proceeding with the Summary Ejectment process. The next step is the filing of a Complaint for Summary Ejectment. You may also file for money owed as part of the Summary Ejectment process. You may file at the Mecklenburg County Clerk of Court's Office located at 720 E. 4th Street, room 215 (You must enter the 720 building by way of the Civil Courthouse located at 800 E. 4th Street). You must supply a self addressed stamped envelope for the tenant, as well as yourself when filing. Following the filing, a court date will be set for appearance in small claims court. A Summons will be issued for the tenant. Summons in Summary Ejectment are issued in a special type of small claims action which requests possession of real property and the eviction of current tenants. This action is available for landlords or owners to regain possession of their real property from tenants or other unlawful possessors of real property. The summons will be issued to the Sheriff's Office for service. The Summons must be served by one of the approved methods set forth in North Carolina General Statute 42-29. The service of the summons in summary Ejectment must be completed before the court date. THIS IS THE ONLY SUMMONS WHICH MAY BE LEGALLY SERVED THROUGH POSTING ON THE PROPERTY IN QUESTION. By allowing posting of this type of summons, it will be an extremely rare situation where the summons could not be served by posting. (For Example: The plaintiff fails to put the correct address of the property on the summons).

Posting of the property allows the court jurisdiction over the property and possession may be awarded even if the tenant/defendant does not appear in court. However, in Mecklenburg County, money owed is traditionally not awarded unless the tenant/defendant is personally served or is present for the proceedings. Once judgement is awarded, there is a ten day appellate period. Once this period has expired, you must go to the Clerk's Office and file for a Writ of Possession of Real Property. You must supply two self addressed stamped envelopes (one to you, and one to the tenant) when filing. The Clerk will issue the Writ to the Sheriff's Office for service. The eviction will be worked seven days after its issuance. You will receive instructions in the mail regarding the date of your eviction and how to schedule a time for the eviction on that specific date in the mail from the Sheriff's Office.
The link below that will take you to the chapter of NC General Statute (42) that deals specifically with Landlord-Tenant:

http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/ByChapter/Chapter_42.html

7/16/2007 10:27:11 PM

nice^

they said checks in the mail, so we will see

regardless if they dont pay on time next month they're gone

7/16/2007 10:37:57 PM

I guess a lot depends what is on the lease. I would think evicting someone who is simply late on payments but not more than a month overdue is kinda harsh and I honestly dont know the legality on the matter. If their lease is up then it should be simply here is your thirty day notice (or whatever terms your lease gives) to move out. If still in a lease then yeah I guess you need to consult someone on said legal rights.

7/17/2007 8:36:39 AM

The proper way to go through the sheriff's office and file paperwork. Deputy serves papers on them tellin them they have 30 days to get out. in 30 days the deputy comes back and escorts them off the property if still there and you get to change the locks. After this point I think they are allowed one time to come back ESCORTED to get the rest of their property. After that its all yours and if they try to get back into the residence then its Misd breaking and entering. I charged a guy last week with it. but yea just go down to the courthouse they will explain everything in case i mixed something up.

7/17/2007 9:54:44 AM

Quote :

"regardless if they dont pay on time next month they're gone"

saying "they're gone" is one thing...making it happen [legally] is another. shit can take FOREVER.

7/17/2007 9:59:32 AM

Wow, that is a ridiculously long time to get someone off your land.

7/17/2007 10:52:19 AM

Yep. You spend a month waiting for payment and getting the paperwork done, let them live there rent free for another month, and then spend a third month cleaning their trash and fixing damages before you can even put the place on the market again. This is one reason a lot of people get out of rental property.

7/17/2007 10:59:41 AM

it can take a very long time to evict a person. the laws in this state are set up with the premise that the landlord is a nasty old money grubbing white man and that renters are honest and fair working class people.

7/17/2007 11:00:51 AM

Hey man, the check is in the mail!

Leave me alone!

7/17/2007 11:08:09 AM

you know how to rent property but dont know how to use google

you just wanted to make a thread about trying to evict someone

7/17/2007 11:16:31 AM

yea it's going to take a ridiculously long time to get them out. some ppl i know that rent out houses won't rent to certain ppl because some ppl know the laws and know if they pay the first months rent then dont pay the second it'll take a few months before the owner can get all the paperwork and shit done and get them kicked out..so they end up living for free like 2/3 months.. it's bullshit

7/17/2007 11:44:19 AM

that's why late fees are crucial when having people sign a lease for your place. you also could have put notice indicating that non-payment on time or repeatedly would make their contract void and have them evicted.

7/17/2007 12:18:29 PM

Pretty sure you have to file papers with the court and have the judge do something. Then you gotta put the eviction notice up for them to see (keep a copy for yourself for records).

If not, you can get into a lot of trouble.

7/17/2007 12:36:51 PM

pretty sure thats already been said a few times

7/17/2007 12:41:16 PM

pretty sure

7/17/2007 3:42:55 PM

where the fuck is Dare County

7/17/2007 7:02:41 PM

^ It's called a map. Don't be an ignorant asshat.

7/17/2007 7:35:22 PM

i do not feel like wasting my time playing "where's waldo" on a NC map look for one random county in bumfuck.

a simple outside wake
near the mountains
on the coast
east of charlotte
etc

would have sufficed, prick

7/17/2007 8:33:36 PM

Ghostbusters

7/17/2007 8:56:17 PM

its the outer banks, the real outer banks

not currituck or hyde, but DARE

7/17/2007 9:22:38 PM