First eviction in NC

4 Replies

Hello BP community and thanks in advance for any responses. I have been a landlord for 10 years here in Asheville , NC and have just gone through my first summary ejectment. The tenant did not show up for court and I was awarded a judgement for two months rent at a total of $2200. The judge wrote in additional costs of $236 which I am assuming is court costs that I have paid. I was told I had to wait to file for a writ of possession and filed for that yesterday for a cost of an additional $55. I notified the tenant via text that I was coming over to inspect the property and I entered it yesterday before filing for the writ of possession. I believe the tenant has abandoned the property as all of their furniture is gone but there is food in the refrigerator and the power is still on . I am aware that some landlords would assume the tenant is gone and just enter the property and go about their usual business but I opted to go ahead and get the writ of possession simply to make sure I was going through all the correct legal steps. Upon entering the property, I noticed damage to the walls beyond paint. This unit was completely redone less than 6 months ago and the walls are plaster so the large hole in thee wall will need to be repaired and repainted. My question is how do I add that repair cost to the judgement? In the judgement summary it states rate of rent owed at $1100 per month for two months rent and then the additional cost of $236. But in the "total amount" section is says "n/a". I assume it means not applicable. This was written in by the judge. It is my understanding that a judgement in this state automatically becomes a lien against the person. So how do I make sure the lien is for the total amount of rent plus damages? Or is it simply too late to add the repair and the additional $55 for the writ of possession to the bill?

You take the repair out of their deposit. IF there is no deposit or you used it up already you are likely out of luck unless you take them to small claims court for the additional costs.

This is the reason a deposit is never applied to a tennats rent.

@Thomas S. , I have one months deposit for $1100 and I understand that repairs are taken from that total, but what I don't understand is if all the legal steps have been taken , when is the final total tallied? For example, the judge did not include the fact that I have a deposit at all and just put the amount down as $2200 plus $236 without a total amount. I feel like I am missing a final step after I meet the sheriff but if  a judgement is an automatic lien then it won't even reflect the deposit that I am keeping in lieu of damages and lost rent. I feel like I am missing something here. I understand that I probably won't get the money from the tenant but I would like to attach all that I can to the total judgement.