I am working on an eviction in Greene County, NC. I'm looking for the proper wording for a "Complaint In Summary Ejectment". Specifically Item #3. I purchased an occupied foreclosed house at auction. Occupant is a relative of previous owner. Occupant does not pay the taxes or utilities. Anyone out there ever filled out this form for this situation? Thanks in advance...
Did speak to the occupant, had a verbal agreement for occupant to vacate on 31 July, but came back the next day with the typed agreement and the daughter (wife of previous owner) intervened, and stated, "I'll contact you when she is out, she is signing nothing". So I am pursuing the eviction process.
Is there a current lease on the property? Is the tenant failing to pay the rent? Or just utilities and taxes? If the latter does the lease state that the tenant is to pay utilities and taxes?
Occupant is left over from the previous owner. My understanding is the occupant had no lease with the previous owner. Occupant is a relative of previous owner, previous owner paid utilities & taxes.
Obviously I have no lease with this occupant.
While BP is national in scope, all real estate laws are local. With that caveat in mind, consider how many courts treat this situation:
This is most likely a holdover interloper, without a written, bonafide lease with prior owner.
I recommend using the services of an attorney specializing in U/D's (unlawful detainers) rather than going the self-help route.
These cases having a way of going sideways and new owner (you) can inadvertently step on legal land mines or fail to follow some obscure procedural rule of court, resulting in delays or much worse situation.
If your reason for attempting to do this yourself is curiosity, merely ask questions to your attorney. If being thrifty, consider this money well spent while you go perform more profitable activities.
The eviction process in NC is designed for small claims court & individuals. I have researched the process, but looking for proper text for the NC eviction form. This process is not "Self Help", and cost $126.00, yes researching for a lawyer familiar with this NC form.
I'm looking for the proper wording for a "Complaint In Summary Ejectment". Specifically Item #3. I'm not a landlord to the occupant, and the occupant is not my tenant.
Follow-up, I filed the "Complaint In Summary Ejectment" in NC, Magistrate found in my behalf, Squatter was evicted, took about 6 weeks, cost $126., some time and gas money. Local layer wanted $1000. + to handle it.
Did you have their names? I am facing similar situation in Texas but these are unknown people. So I don't know what to put on vacate notice? Thinking to put John Doe, Jane Doe and all others ...