General questions regarding the eviction process

[Terrell Garren]

I've read the North Carolina statute for evictions; however, it leaves me with a few general questions -

1) The eviction filing fee is around $200. If the tenants make payment once I initiate the process, can I still evict?

2) If the tenants opt to pay during the court proceeding, can I still evict?

3) If the tenants opt to pay, can I recover the eviction filing cost even though my lease agreement is silent on the issue?

As you can guess from the direction of my questions, my intent is to evict due to lack of payment. I'm looking for guidance regarding where I may get hung up along the way.

Thanks, Terrell

[John Underwood]

@Terrell Garren Here is what I know based on SC. First our eviction fee is only $40. 

1. If the tenant pays back rent it doesn't affect your eviction, if they back rent and into current month this usually has to stop the eviction process.

2. If you refuse payment you can still evict. If you accept payment or they pay you via a 3rd party or by putting it into your bank then it becomes harder to stop them form paying. If you can turn off their ability to pay via a 3rd party then you can prevent them form paying if you want them out. Then sort it out during the eviction if they show up to argue.

3. You should be able to. Does your lease not say something about legal fees? If not you have some holes in your lease. Message me and I can share what I use which may need to be adjusted for your state. I have the 5 day notice in my lease (may be different for NC) so if they don't pay I can immediately go to eviction.

If your still not sure call your local magistrate or whoever handles evictions they should be able to tell you your options.