Advice Needed: Potential Eviction Situation

Greensboro, NC · Member since 2023 · 55 posts · 11 votes

7mo

As a local property manager - we do evictions on behalf of our owners, when needed. The bigger issue is going to be, even if he leaves, where will he go? You can attempt a cash for keys exchange, but we find in these situations, you will have to file to show you are serious. If you are able to work in it out before court, and he vacates, that's great, but you might have to get the judgement and do the sheriff lockout. That should only cost you filing fees, and your time (unless he appeals -which is a whole other can of worms). Hopefully you have a significant deposit to help offset the eviction costs, lost rent and potential damage to the property. We also do a monthly Real Estate Networking Meet up if you want to come connect with our local investor community - or if you ever want to come by and set up a time to chat, we are always open! I am an investor as well!

[email protected]802-355-0277

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Theresa HarrisPro Member

Member since 2019 · 15k+ posts · 11k+ votes

7mo

Talk to them and tell them that if they can't pay the rent, they need to move out. End of story. Hindsight is great, but you should have given them the notice in Jan when they were late with the rent then. There are quite a few resources out there for people who lose their jobs or are struggling (eg church groups, charities, etc). If they can't be bothered to contact those groups or ask family/friends for help, then that is unfortunate, but don't make it your problem.

You are never going to see the rent that they owe you, so cut your losses and get them out now. It may sound harsh, but I had two sets of tenants like that and they also both left huge messes (which isn't surprising).

1 Reply

Drew SygitBusiness Member

Property Manager · Royal Oak, MI · Member since 2012 · 12k+ posts · 9k+ votes

7mo

Quote from @Brian Siedenburg:

Hello!

I'm a smalltime landlord in Greensboro, NC with just one LTR at the moment.

My tenant has been late on rent since September, but he has actually gotten me paid Sept/Oct/Nov/Dec, so I was hopeful he would get me January.

However I just received a text last night that basically said he doesn't expect to give me January or February and would need several more months to get on his feet to "get caught up".

His lease ends March 24th. He currently lives there with his girlfriend and their two small children.

I went ahead and sent the 10-days notice for an eviction on February 6th, a few days ago.

As Im a smalltime landlord with a moderate-low income (60k/yr), eviction fees and mortgage costs are really going to hurt. I still live extremely frugally so I have cash to cover it, but it'll be a set back, and im afraid of the condition of the place (I have not done a walkthrough yet). Ive driven by and if the exterior is any indication of the interior, its going to need some work.

Can anyone think of any creative solutions here? My thoughts:

- Eviction but self-represent to avoid lawyer fees? Does anyone have experience with this? Perplexity/chatGPT said that with a simple non-payment case, self-representation is viable

- Cash for keys? Try to forgive some portion of the back-rent to get them out ASAP, get it presentable/fixed up, and get it rented? My fear is that they just don't have any place to go and wont leave.

Any other thoughts? This is one of the more stressful situations Ive been in and would love some advice, thanks a bunch.

Desperate people, do desperate things - why have you been acting desperate?

We send eviction notice EVERY time a tenant doesn't pay by Due Date.
- Why weren't you?
- If you only have one tenant, you can fill out the form oncxe and save it, then just change Date(s) and Amount Due!

Why are you desperately waiting for January rent in February?

The damage to the property is already done!

How long does it take in NC to evict?
Compare that additional time for lost rent to Cash-for-Keys amount to consider.
- NEVER give Cash-for-Keys upfront! Tenant will cry that they need the money to move, but once you give it to them - they have no incentive to move and your back to court process.
--- You can also make it part of the Cash-for-Keys requirement that the property be "broom cleaned", meaning no debris left behind.

Given your previous desperate waiting mistakes, I'd hire an attorney to handle this.
- Go to local courthouse and lookup Landlord-Tenant cases and write down the landlord/plaintiff attorneys listed over & over again. Contact them and ask how much they charge as these eviction specialists will be far cheaper than a "general" attorney.

[email protected]248-209-6824

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2 Reply

Mike Kirby
Rental Property Investor · New Braunfels, TX · Member since 2021 · 288 posts · 255 votes
7mo
Quote from @Drew Sygit:

Quote from @Brian Siedenburg:

Hello!
I'm a smalltime landlord in Greensboro, NC with just one LTR at the moment.
My tenant has been late on rent since September, but he has actually gotten me paid Sept/Oct/Nov/Dec, so I was hopeful he would get me January.
However I just received a text last night that basically said he doesn't expect to give me January or February and would need several more months to get on his feet to "get caught up".
His lease ends March 24th. He currently lives there with his girlfriend and their two small children.
I went ahead and sent the 10-days notice for an eviction on February 6th, a few days ago.
As Im a smalltime landlord with a moderate-low income (60k/yr), eviction fees and mortgage costs are really going to hurt. I still live extremely frugally so I have cash to cover it, but it'll be a set back, and im afraid of the condition of the place (I have not done a walkthrough yet). Ive driven by and if the exterior is any indication of the interior, its going to need some work.
Can anyone think of any creative solutions here? My thoughts:
- Eviction but self-represent to avoid lawyer fees? Does anyone have experience with this? Perplexity/chatGPT said that with a simple non-payment case, self-representation is viable
- Cash for keys? Try to forgive some portion of the back-rent to get them out ASAP, get it presentable/fixed up, and get it rented? My fear is that they just don't have any place to go and wont leave.
Any other thoughts? This is one of the more stressful situations Ive been in and would love some advice, thanks a bunch.

Desperate people, do desperate things - why have you been acting desperate?
We send eviction notice EVERY time a tenant doesn't pay by Due Date.
- Why weren't you?
- If you only have one tenant, you can fill out the form oncxe and save it, then just change Date(s) and Amount Due!
Why are you desperately waiting for January rent in February?
The damage to the property is already done!
How long does it take in NC to evict?
Compare that additional time for lost rent to Cash-for-Keys amount to consider.
- NEVER give Cash-for-Keys upfront! Tenant will cry that they need the money to move, but once you give it to them - they have no incentive to move and your back to court process.
--- You can also make it part of the Cash-for-Keys requirement that the property be "broom cleaned", meaning no debris left behind.
Given your previous desperate waiting mistakes, I'd hire an attorney to handle this.
- Go to local courthouse and lookup Landlord-Tenant cases and write down the landlord/plaintiff attorneys listed over & over again. Contact them and ask how much they charge as these eviction specialists will be far cheaper than a "general" attorney.

@Drew Sygit We were in a similar situation in September 2024, the renters couldn’t pay rent on time. I finally said if you pay before the 15th, it’s OK. No late fees. It took them a year to get back on track but now they pay 3 days early. You can hear the pride in their texts when they text me rent is paid!
0 Reply
Drew SygitBusiness Member
Property Manager · Royal Oak, MI · Member since 2012 · 12k+ posts · 9k+ votes
7mo
Quote from @Mike Kirby:

Quote from @Drew Sygit:

Quote from @Brian Siedenburg:

Hello!
I'm a smalltime landlord in Greensboro, NC with just one LTR at the moment.
My tenant has been late on rent since September, but he has actually gotten me paid Sept/Oct/Nov/Dec, so I was hopeful he would get me January.
However I just received a text last night that basically said he doesn't expect to give me January or February and would need several more months to get on his feet to "get caught up".
His lease ends March 24th. He currently lives there with his girlfriend and their two small children.
I went ahead and sent the 10-days notice for an eviction on February 6th, a few days ago.
As Im a smalltime landlord with a moderate-low income (60k/yr), eviction fees and mortgage costs are really going to hurt. I still live extremely frugally so I have cash to cover it, but it'll be a set back, and im afraid of the condition of the place (I have not done a walkthrough yet). Ive driven by and if the exterior is any indication of the interior, its going to need some work.
Can anyone think of any creative solutions here? My thoughts:
- Eviction but self-represent to avoid lawyer fees? Does anyone have experience with this? Perplexity/chatGPT said that with a simple non-payment case, self-representation is viable
- Cash for keys? Try to forgive some portion of the back-rent to get them out ASAP, get it presentable/fixed up, and get it rented? My fear is that they just don't have any place to go and wont leave.
Any other thoughts? This is one of the more stressful situations Ive been in and would love some advice, thanks a bunch.

Desperate people, do desperate things - why have you been acting desperate?
We send eviction notice EVERY time a tenant doesn't pay by Due Date.
- Why weren't you?
- If you only have one tenant, you can fill out the form oncxe and save it, then just change Date(s) and Amount Due!
Why are you desperately waiting for January rent in February?
The damage to the property is already done!
How long does it take in NC to evict?
Compare that additional time for lost rent to Cash-for-Keys amount to consider.
- NEVER give Cash-for-Keys upfront! Tenant will cry that they need the money to move, but once you give it to them - they have no incentive to move and your back to court process.
--- You can also make it part of the Cash-for-Keys requirement that the property be "broom cleaned", meaning no debris left behind.
Given your previous desperate waiting mistakes, I'd hire an attorney to handle this.
- Go to local courthouse and lookup Landlord-Tenant cases and write down the landlord/plaintiff attorneys listed over & over again. Contact them and ask how much they charge as these eviction specialists will be far cheaper than a "general" attorney.

@Drew Sygit We were in a similar situation in September 2024, the renters couldn’t pay rent on time. I finally said if you pay before the 15th, it’s OK. No late fees. It took them a year to get back on track but now they pay 3 days early. You can hear the pride in their texts when they text me rent is paid!

Wonderful success story!
Unfortunately, it is the exception, not the norm based on 25+ years of experience and THOUSANDS of leases.
[email protected]248-209-6824
Logical Property Management4.9450 Reviews
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Harrison Hocker

TX · Member since 2026 · 3 posts · 1 vote

7mo

Don't ask AI, that's my advice. Articles upon articles have been made that most AI systems factually incorrect and are built to subside to your side as a way to keep your trust and make money.

0 Reply

Janice Carter

Real Estate Broker · Atlanta · Member since 2024 · 1k+ posts · 604 votes

7mo

Brian, you have done the right thing by serving notice. At this point, focus on speed and damage control, that is stop the bleeding, regain possession and reset. Cash for keys can be effective if structured correctly with a written agreement, move-out date, keys exchanged for funds and property left clean. Self-representation is often viable for straight non-payment cases but follow NC timelines exactly. Also, avoid letting the lease expire with unpaid rent hoping it improves as it rarely does. Finally, document everything, don’t accept partial rent that could reset the clock and prioritize possession over collecting arrears. Good luck.

0 Reply

Mike Whitman

Member since 2019 · 41 posts · 22 votes

7mo

I just closed on my first property in January. I inherited a tenant who wanted to update to section 8. In the state the property is in, I'm not required to do that, so I declined. We went back and forth on this, all the while they stopped paying rent. I asked four times and then delivered the notice to quit. At the same time, I offered to end the lease early if they found another property that would accept section 8.

Offering a good outcome and a bad outcome was appreciated by the renter. They were able to find another property and are in the process of moving out. It did cost a little bit of money on my part for attorney's fees (ensuring I'm acting within the terms of the inherited lease), constable to deliver the notice, and lost rent. I also think there will be some repairs needed for the property as a result of them moving out.

Bottom line - consult an attorney, ensure you are within the terms of the lease, and work on an exit strategy for the tenant. They'll appreciate you working with them.

0 Reply

Alecia LovelessPro Member

Member since 2019 · 3k+ posts · 2k+ votes

7mo

I have many units. In March I somehow missed that a tenant hadn't paid. By the time I was able to get the paperwork in order and go through the various filings the tenant owed 4 months. They ended up leaving about 3 days before the sheriff was due for the physical removal.

I did have 1 month deposit but unfortunately there was some damage including permanent scratching/soiling of a brand new 8 month old glass cooktop stove.

Stay on top of the filings. It's usually fairly easy to deliver the 10 Day Notice, or Demand for Rent or whatever it is in your state. But since it's your first eviction I'd hire a lawyer and learn the process going forward to finish the process. If you mess up in the middle of it the time clock often restarts and can set you back weeks or months.

1 Reply

Peter MckernanBusiness Member

Residential Real Estate Agent · Irvine, CA · Member since 2013 · 2k+ posts · 1k+ votes

7mo

I would try as Theresa said, talk to them see if you can get them to just leave. If they do great, but as mentioned there are only a few options for where these people will go and if they have nowhere to go then you are stuck with them till they find a place or evict.

I would talk to them, see if they are able to move out and help them with resources. If they are not willing to go that route and while you are talking with them I would keep the eviction process going and not stall that process. I would also see if they are not willing to move out and offer for cash for keys, but might not be a great plan because if they know you will give them cash they might extend there stay till your keep upping your price. But either way these are really your options on getting these people out that are not paying.

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Pat LulewiczBusiness Member

Realtor · Raleigh NC and Greensboro, NC · Member since 2019 · 391 posts · 392 votes

7mo

The "creative" solution is to tell them you'll excuse the past due balance and eviction on their record(s) if they're out by the time you can file - Feb 17. Its a fair trade for them. Make sure you get a "termination agreement" signed by them on their way out and re-key all of the doors.

This probably won't happen, so do the above and still keep the option of "leave and i'll drop the eviction" on the table until they're moved out. I continue to stress the "make sure you get a termination agreement" so that they can't come back in afterwards claiming it never happened.

Yes - you can do an eviction on your own. Its very easy to e-file but you still have to go to the sheriff's office with cash and pay them to "serve" the tenant. You can't serve them yourself. So its atleast one trip to the courthouse to pay the sheriff and another to go to the court date.

For what its worth, exteriors aren't always a representation of interior. At the end of the day, they live in the home and, you mentioned, have kids. I doubt they keep the home in that same condition as exterior, but can't speak for what they would do on their way out.

0 Reply

Brian Siedenburg
OP
New to Real Estate · Greensboro, NC · Member since 2024 · 12 posts · 22 votes
7mo
Quote from @Pat Lulewicz:

The "creative" solution is to tell them you'll excuse the past due balance and eviction on their record(s) if they're out by the time you can file - Feb 17. Its a fair trade for them. Make sure you get a "termination agreement" signed by them on their way out and re-key all of the doors.
This probably won't happen, so do the above and still keep the option of "leave and i'll drop the eviction" on the table until they're moved out. I continue to stress the "make sure you get a termination agreement" so that they can't come back in afterwards claiming it never happened.
Yes - you can do an eviction on your own. Its very easy to e-file but you still have to go to the sheriff's office with cash and pay them to "serve" the tenant. You can't serve them yourself. So its atleast one trip to the courthouse to pay the sheriff and another to go to the court date.
For what its worth, exteriors aren't always a representation of interior. At the end of the day, they live in the home and, you mentioned, have kids. I doubt they keep the home in that same condition as exterior, but can't speak for what they would do on their way out.

I appreciate everyone's replies. This is basically the solution I ended up going with a few days ago. In writing (and signed), the terms were that I would file for eviction on the 16th (the first day I am able) but they need to be moved out by March 1st, get me January paid in full plus late fee 48 hours before the first court date (which I read within NC its 7 days within filing, could be wrong), then I would take security deposit for the remaining amount as allowed by law (February basically, but just stated it like that for legal purposes) and that I would also bill for any damages since there was no security deposit left.
I'm 90% confident it'll go as planned. We've had extremely good rapport together the entire time he and his family have been tenants. Initial screening process went very well, called his previous landlord and she said he was awesome, job said he was great, etc. I think he is a person of integrity that had a very bad sequence of events occur based on all interactions we've had. He's kept his word to everything he's said so far, so hopefully this will be no different. Perhaps Im being naive, but I will have the eviction to fall back on if it doesnt work out anyway.
2 Reply
Pat LulewiczBusiness Member
Realtor · Raleigh NC and Greensboro, NC · Member since 2019 · 391 posts · 392 votes
7mo
Quote from @Brian Siedenburg:

Quote from @Pat Lulewicz:

The "creative" solution is to tell them you'll excuse the past due balance and eviction on their record(s) if they're out by the time you can file - Feb 17. Its a fair trade for them. Make sure you get a "termination agreement" signed by them on their way out and re-key all of the doors.
This probably won't happen, so do the above and still keep the option of "leave and i'll drop the eviction" on the table until they're moved out. I continue to stress the "make sure you get a termination agreement" so that they can't come back in afterwards claiming it never happened.
Yes - you can do an eviction on your own. Its very easy to e-file but you still have to go to the sheriff's office with cash and pay them to "serve" the tenant. You can't serve them yourself. So its atleast one trip to the courthouse to pay the sheriff and another to go to the court date.
For what its worth, exteriors aren't always a representation of interior. At the end of the day, they live in the home and, you mentioned, have kids. I doubt they keep the home in that same condition as exterior, but can't speak for what they would do on their way out.

I appreciate everyone's replies. This is basically the solution I ended up going with a few days ago. In writing (and signed), the terms were that I would file for eviction on the 16th (the first day I am able) but they need to be moved out by March 1st, get me January paid in full plus late fee 48 hours before the first court date (which I read within NC its 7 days within filing, could be wrong), then I would take security deposit for the remaining amount as allowed by law (February basically, but just stated it like that for legal purposes) and that I would also bill for any damages since there was no security deposit left.
I'm 90% confident it'll go as planned. We've had extremely good rapport together the entire time he and his family have been tenants. Initial screening process went very well, called his previous landlord and she said he was awesome, job said he was great, etc. I think he is a person of integrity that had a very bad sequence of events occur based on all interactions we've had. He's kept his word to everything he's said so far, so hopefully this will be no different. Perhaps Im being naive, but I will have the eviction to fall back on if it doesnt work out anyway.

Great job on taking all the necessary steps during what is a very stressful and paintful situation for all parties. Document and keep us posted on the progress leading up to and after the 3/1 move-out; I think there is a lot to learn from your experience. Would also be happy to help you with anything you need for a smooth/quick turnover once they leave. We manage and own properties in the Triad as well.
0 Reply

Andrew Reis

Rental Property Investor · Boston MA · Member since 2020 · 48 posts · 20 votes

7mo

@Brian Siedenburg Hi Brian - I went through a long 18 month eviction here in MA. It was a grind. First off, feel free to private message me and we can talk through the detail, but I would get the eviction filed with the court to 1) Get the official court process moving, and 2) put the pressure on them to find another place. In the meantime, you want to have the tough conversation of cash for keys (I would say 2 months worth of rent, "take what you want and can leave the garbage", but make sure if they agree, to sign an agreement with them), which gives them incentive to move out quicker. You can approach the court process on your own, but come prepared with the lead up details to this point and come ready to answer questions. The law is the law and I suspect it will be more landlord friendly in NC than in MA, so you will come out just fine. Once again, private message me if you have any other questions. Cheers,

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Dan H.Pro Member

Investor · Poway, CA · Member since 2015 · 7k+ posts · 8k+ votes

7mo

I never do cash for keys. I do not desire to reward tenants for poor behavior.

I explain the consequences of an eviction to the tenant. I explain they will have difficulty renting a quality unit, that I will ding their credit, that I will attempt to garnish their future income to recover what they owe. They believe I will do what I state because I have always done what I told them I would do.

My market has a low vacancy rate. Poor tenants cannot obtain quality housing. My tenant requirements includes no evictions, ever. No excuses accepted.

So far with a combination of good screening and good luck, I have never needed to evict a tenant.

When the time comes to evict our first tenant, I will hire the best lawyer and let the expert take care of it. I will add the cost of the eviction to what the tenant owes, and if the cost is not recovered I will consider it a cost of doing business.

What I will not do is pay a bad tenant to leave so that another landlord gets stuck with having to deal with a bad tenant that I have rewarded for their poor behavior.

By the way both times I have been asked for cash to get rid of a tenant they indicated that another landlord had paid them to leave. In addition tenants talk. If you have a MF, do you think the tenants will not know that you paid a bad tenant to leave. Do you think they are so stupid that they do not realize that if they are a bad enough tenant that you are likely to offer them cash for keys? In effect you have taught the tenants to be poor tenants by rewarding them for being a bad tenant.

In addition, if I paid a tenant to $crew me, it may cause me to lose sleep. Sleep is precious. I would rather not pay the tenant, pay a lawyer, lose some rent but not lose one wink of sleep allowing the bad tenant to get money from me.

Do not do cash for keys.

Good luck

2 Reply

Bo SmithPro Member

Hinton, WV · Member since 2026 · 1k+ posts · 373 votes

7mo

Been in almost this exact spot in Charlotte. One thing that saved me time and stress: before deciding between eviction or cash for keys, do that walkthrough ASAP. Take photos, document everything. The condition will tell you which route makes more financial sense - if it's trashed, cash for keys gets them out faster so you can start repairs. If it's decent, straight eviction might be worth it. Have you been inside recently to see what you're working with?

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Advice Needed: Potential Eviction Situation

Advice Needed: Potential Eviction Situation

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