Real Estate Professional · Charlotte, NC · Member since 2015 · 5 posts · 1 vote
I have a Section 8 tenant who was on a month to month lease and gave 30 days notice to be out by 02/28/17. I received verification from housing authority as well of last Section 8 payment from them. This morning my tenant informs me her new place fell thru and she wants to extend. I advised her that she must be out by 02/28/17. I have new tenants already lined up to move in. If she is a holdover tenant, I know I must file for eviction, but do I have to wait a certain period? Can I file on 03/01/17 or do I have to send notice first and wait the 10 days like a normal eviction. the property is in North Carolina. I cannot find the answer in the NC General statues about the time frame. Any one in North Carolina know the answer?
Minneapolis, MN · Member since 2013 · 2k+ posts · 1k+ votes
9y
not sure for your state but have heard if a sect 8 tenant has a eviction on record they can loose their voucher, I'd let her know this and do what you can to get her out.
But legally I don't think you can do a eviction action unless she's still there after the 1st.
A visit to her so she knows that is probably all it will take to get her packing.
Attorney · Clinton, MD · Member since 2016 · 70 posts · 55 votes
9y
Generally, one does not have "standing" to sue for a harm if the harm has not occurred. One cannot file for tenant holding over until the tenant holds over.
This is not legal advice and for legal informational purposes only. For legal advice contact an experienced eviction attorney in your area.