Seeking Eviction Advice (North Carolina)

6 Replies

Hi BP members,

I need advice. I just bought this multi family unit less than 2 years- it came with a tenant that's been living on the property for 20+ years. Elderly man with dog-pays rent on time. To Summarize:

-shown behavioral instability on several occasions (Differing moods daily- outburst have increased in anger over time)

-Refuses to follow basic guidelines-Parks on front lawn instead of designated parking lot- has damaged $$ front lawn

-Has an entire list of repairs that he wants me to fix... I try to tackle but he doesn't let me in the apartment to fix. This apartment needs A LOT of work but tenants moods/behaviors don't allow workmen to do the kind of repairs that need to be made (as well as practice social distance). 

-Sexist remarks (will refer to either old 'male' owner or would prefer to speak to my dad who helps on occasion)

The last few straws were when I purchased a new fridge he requested and even with advanced delivery notice- refused to let the delivery men in because of their skin color. He became so upset, kept speaking negative comments under his breath. Got so upset that in the end, he refused the fridge entirely- and disconnected it (his 3rd one), and threw away brand new stove burners that I purchased for his personal ($$) stove. Just threw them because he didn't want them. In trying to work with him to keep peace, he's shut me down on many occasions and says he would only speak to my dad. 

I would like to evict him and give him 30 days but not sure on what grounds I could do this in North Carolina that would help to expedite the process without much push back. Does anyone have any recommendations?

Is it terrible what I am doing?I feel horrible and keep second guessing because this is an elderly fellow with his dog- but I've attempted so many times to help and he just refuses. I'm starting to feel unsafe more and more every time I have to deal with him...and I know I can renovate this apartment and charge $400 after renovations and have less stress. But right now I feel like all the reasons above aren't enough in the eyes of the law to evict him (as long as he's paying rent on time). 

@Angelica Rivera I don't know what your lease says but it sounds like there is a list of lease violations going on. We can give you all kinds of advice here but in the end it will involve you hiring an attorney to do the eviction. Done wrong, especially with an elderly tenant who is beligerant, you will be in a world of hurt. Good luck!!

@Angelica Rivera

I think the the best/safest advice is going to come from a NC attorney (assuming the property is in NC). I have a contact here in Raleigh that specializes in rentals as is often in court regarding convictions so I trust her and pay her a consulting fee when needed. If you'd like to reach out to her and see if she can advise or if she knows of someone more local to you that would be where I would start. 

Originally posted by @Bjorn Ahlblad :

@Angelica Rivera I don't know what your lease says but it sounds like there is a list of lease violations going on. We can give you all kinds of advice here but in the end it will involve you hiring an attorney to do the eviction. Done wrong, especially with an elderly tenant who is beligerant, you will be in a world of hurt. Good luck!!

Thank you @bjorn, I needed to hear this. Never been in this situation before and would like to handle it in the best, most efficient way possible.

 

@Angelica Rivera , if you inherited that lease when you bought the property, I'd imagine it is on a month to month. In that case, you should have the right to deliver a 30 day notice to terminate lease. If he refuses to vacate after the 30 days, then you should have grounds to begin the eviction process. Eviction rules can vary from county to county. Maybe contact a Hickory based property manager to get their advice. They might even be willing to do it for a fee.

You don't need a freaking attorney, people need to stop suggesting this for every little thing!

There are two possibilities:

1. He's on a month to month lease. Give him 30 days notice to get out, no reason needed.

2. He's on a lease. Sounds like he probably violated several rules that would be in an normal lease, if he did, use that as the reason for eviction. If he has a lease and there are no rules, you're just going to have to wait...but that seems unlikely.

Whenever possible, just tell them they are evicted, and don't bother telling them why - you don't have to and they will just argue about it.