Columbia, SC · Member since 2014 · 100 posts · 12 votes
Hey guys,
I have a bit of a quandary. My current tenant is 18 days late paying the rent on our property. I spoke with her last week and she said the payment would be in the account by last Friday with the late fee. Fast-forward to this week and now she is not responding to any of my calls, emails, or text. She didn't have the best credit history, but I took a chance on her. The property is in NC and I now live in Hi. In your experience how long do you wait to start the eviction process? With the distance I can't make a trip back home, so it will probably be through a lawyer. I am concerned I will be stuck paying multiple months rent trying to get her out if she doesn't pay. Any advice is appreciated.
I manage nearly 400 properties in NC and it is SO easy to get tenants out, there is no reason to be messing around with this lady. She is playing games. I see it all the time. Kick her out then hire a good property management company like us to get a new tenant in who will be no nonsense, no drama, and will pay like they are supposed to.
Like @Randy E. I handle evictions for my company. Not hard if you are physically here, but very difficult if not.
Be very careful listening to people with out of state statements. There are many statements posted that simply are not true in NC. In fact, some of the NC posters have some questionable statements.
The but the court outcome depends a lot on the wording in your lease.
If the property is in Granville county (Creedmore) then find a Granville county eviction/attorney firm. A Raleigh firm, assuming they will even go to Oxford, will cost you plenty. Expect a $400-$600 premium above their normal fee (probably $450-$750 depending on the firm). From Charlotte? Add 6-8 hours at $200/hr as a guess.
For DIY filing, filing by mail is certainly possible. Send via overnight delivery and remember to include 5 copies each of form and form, a money order for $96 to the county clerk and $30 per defendant to the county sheriff. And don't forget a stamped envelope addressed to the defendants. Many defendants start to shape up when the sheriff shows up. But in your case, better IMO to get an attorney. ASAP.
Thanks @Randy E.. I definitely appreciate the contact. I went ahead and sent @Andreas a message.
Thanks @Chris Martin. I didn't think that would make that much of a difference between cities since they are relatively close, but it makes sense. I did my lease through Rocket Lawyer which seemed pretty comprehensive, but I will have to go back and review the eviction section of the lease just in case. I spoke with an attorney from Raleigh that wants $600 to file and go to court if necessary. I am considering just typing up a 10 Day Notice to Quit or Pay and having someone tape it to the door. A frustrating process being out of state, but I guess everyone has to go through it. Thanks for sending the DIY documents.
Regarding "I am considering just typing up a 10 Day Notice to Quit or Pay and having someone tape it to the door." I don't know the small claim judges in your county. In Wake county, you will need in court consistent with law, and if you don't your case will most likely be continued until proper service has been performed.
i give a 3 day notice to pay or quit on the 5th. After the 3 days, I file eviction. I dont play anymore and I also dont care which excuse they give me. I have heard every story known to man by now. I either get paid or I evict. Period.
I am Indiana but rent is due on the first and they have a 5 day grace period. On the 6th, I give them a 10 day "pay or quit" and after the 10 days, file for eviction. DO NOT DELAY this process regardless of the story! Every time I have, I have got burned. Once people living paycheck to paycheck are behind, they can never catch up. The process takes several days so if they would happen to come up with the money, you can stop. Odds are though you will be repeating the next month.
Look to see how many days you need to give them for your state. Usually you have to give them a written notice. Here in Indiana you have to give them 10 days notice that if you don't get payment in 10 days you will start the eviction process.
If they are a new renter you don't want to give them much room. You should start right away. If they have been a renter for a long time sometimes stuff happens and it would depend on your confidence in the tenant.
I pretty much give them one excuse and a chance and if they break that goodbye.
I had a renter tell me they were out of work and had just got back to work and would have the rent 3 weeks late. In this case they paid with late penalty on the 3rd week so all good but I have had renters that after that time they made up more excuses.
So it is really up to you and based on each case. If they are not paying right out of the gate, again, I would not give them much wiggle room.
In my lease agreements the rent is later after the 10th. If I have not received rent by then I post notice on the 11th. I post my notice on the door, put it in the mail, and I send an email. Typically this is all I need to do and the tenant pays up pretty quick.
Hey guys, I finally got an email from the tenant on Saturday morning. Of course she has another excuse, but says the rent will be in the account Monday. She has even scheduled a conference call between both of us and the bank to verify her story. I still have an appointment with the lawyer at 4 so if the rent isn't in the account by then I am moving forward with the eviction. I am a bit concerned that if she does pay the rent tomorrow I will be going through this again in 8 days when the September rent is due. I will post again to do an update. I appreciate everyone's feedback.
This obviously varies by state, and by county. It should be easy to research on google, so you know the rules. Also, check your local county website. In our county, the entire procedure is spelled out, and they have forms, starting with 5-day notice. You will likely need to start with a "pay or quit" notice (sometimes called 5-day notice). Also, check what your lease says. If you did not do so, you should spell it all out exactly in your lease for next tenant. My lease says:
Late after 5 pm on 5th ($60 late fee, plus $5/day)
If no payment by 5 pm on 10th, 5-Day Notice gets filed.
Follow through with the recommended steps regardless of what she says by email, text, phone call, conference call. The only thing that matters is when you have funds in hand. The rest is just noise.
Alright guys, it looks like she didn't pay today. I spoke with a lawyer today and she said I should send the 10 day letter and if she doesn't pay to wait until September 6th to file for Summary Ejectment that way it covers both months of missed rent. Does anyone have a templated l0 day letter they wouldn't mind sharing? I greatly appreciate everyone's help.
I would do this the proper way- you don't want to miss a step or file something improperly and lose another month of rent. Pay for the lawyer to draw up the notices and do the filing. It may seem expensive now but think about how expensive it will be if you lose another month or two of rent.
@Phillip Mullinax I have the packet for you. Send me a PM with an address and I will send a few to you with instruction. Its pretty straight forward. I was in and out in 30 minutes and going to court on Sept 6th.
I don't know what kind of lease you use. Every judge in the state "knows" the standard lease. Why? It was created by the NC Bar. Like, attorneys created it. In NC the "standard" lease has under agreements and conditions, item #2, top of page 2:
2 . Rent: Tenant shall pay the Rent, without notice, demand or deduction, to Landlord or as Landlord directs. The first Rent payment, which shall be prorated if the Initial Term commences on a day other than the first day of the Payment Period, shall be due on ____(date)___. Thereafter, all rentals shall be paid in advance on or before the FIRST day of each subsequent Payment Period for the duration of the tenancy.
Emphasis above is mine.
I'd suggest you know how your lease relates to state law and under what circumstances your demand notice applies. All you have to do is go to the courthouse and pay attention to how full the dockets are. Because a lot of PM companies follow the "standard" lease and file on the 6th, the 16th and 17th are busy days.
This is not to be construed as legal advice. This post is for entertainment and is not legal opinion or advice. Observations are not legal advice.
Quick Update: The tenant paid the August rent on Wednesday and said it wont be a problem paying Septembers on time. I spoke with an NC lawyer who reviewed my lease and gave me a few things of note. She said the lease was pretty comprehensive, but recommended next time I use the NC standard lease. I will definitely be prepared for September if she doesn't pay. I'm still looking for a management company that covers Creedmoor, NC. I appreciate everyone's feedback and suggestions. This was a learning experience that could have cost me an extra months rent. Never again!!!