Anybody performed an eviction in Durham NC county?

Question

Ok, tenant is late, 10 day notice period has passed and tenant went into hiding. It seems I might have to file for eviction. I would love to file and have the court papers handed to the tenant creating a wake up moment and then receive payment. Reality probably looks different. Does anybody have experiences with the specificity in Durham county and/or knows a good lawyer? I have witnessed a hand full of eviction hearings and was surprised how little drama was going on. The landlords were represented by lawyers and the cases seemed to have been straightforward. It was all for non payment of rent.

Dennis Lee · Answer

@Andreas W. - I know it's been some time since you posted about the eviction above, but was wondering how it went and if you had any learnings you'd be willing to share. Thanks!

Andreas W. · Answer

Yes, eviction in Durham for non payment of rent with proper notice is easy. The next one I will do myself. Tenant didn't show up and got eviction record. It takes a few weeks before you can legally take possession of your place. The tenant has 10 days to respond and then you need to set a date with the Sherrif's Deputy plus he needs to actually come to your place. The main lesson for me was to send the 10 day notice at the first possible day. Here is an interesting question: Can I send the 10 day notice on the second of the month or do I need to wait until late fee is due, which would be the sixth, assuming the rental period is the calendar month?

Andreas W. · Answer

@Michael Bowman@Dawn Brenengen@Randy E.

Thank you all for your info. I ended up working with a local lawyer, not sure if it makes a difference but Durham is often quirky how it handles its business. Court date is set but I still hope that tenant finally gets act together. Not sure up to what point I am required to accept the money but beyond that point I plan to also ask to get compensated for my lawyer's fee.

Randy E. · Answer

I've done two evictions in Durham in the last three years.  It's very simple.  If you do it yourself, it should cost about $200.  I have no idea what a lawyer would charge.

The magistrates are generally landlord friendly, unless you're renting a complete hellhole.  From the cases I've seen, as long as you have a written contract and the tenant owes you money, the eviction process is very easy.  Usually from file date to eviction date is about 3-5 weeks.

If you feel uncomfortable about handling it yourself, by all means, hire a lawyer.  However, it is a very straightforward process.

Good luck.

Dawn Brenengen · Answer

@Andreas W. I've only been in small claims in Wake County, but the attorney I use is Brownlee Law Firm.  http://www.bwpf-law.com

Michael Bowman · Answer

@Dawn Brenengen is a local PM and can probably assist!

Anybody performed an eviction in Durham NC county?

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