All Forum Posts by: Account Closed

I don't have time to read all the responses but I'm sure someone has advised you to hire a better attorney. Failing to check a box to request possession? Amateur hour.

Time to hire Marsellus Wallace.

@Antoinette Bailey

Same. Recently went through this in Mecklenburg county as well and had legal aid first continue the case and present the same debt argument. I believe the magistrate I was before said that it's recently started being used but she dismissed my case. Rather than appeal, I started the entire process over again. Sent the notice via FedEx without a signature but delivery confirmation and took a photo of the package on the door. I went before the same magistrate in room 2350. Luckily legal aid had dropped my tenant as a client and she failed to show up so my judgment was granted but she still reduced the amount drastically. I was moreso focused on getting the tenant out so I took it as a win. It took over two mo the to get possession but I learned the hard way and have a much more solid lease. Message me if you want to chat more but I was shocked how many rulings went in favor of the tenant. I guess some see this as a temporary solution to the lack of affordable housing.

 Seems that it should be about time for a group of landlords to meet with each elected official and tell them what they are funding with the $800k given to legal aid.  Not only teaching the scum how to be worse, but also tying up the courts that likely have better things to do than spend 6 months on a non-payment eviction!

Attorney James Surane was at a local REI meetup and discussed these situations. The City of Charlotte granted Legal Aid $800,000 to assist in local evictions. This is primarily an issue only with Mecklenburg County evictions, not statewide. Surane Law (James Surane is a former eviction magistrate and now runs a local firm focusing on assisting landlords with evictions) advised that the exact problems you are seeing are being used by Legal Aid.

I recommend that Mecklenburg County landlords use Surane or other attorney that are used to dealing with Legal Aid.  Legal Aid is fierce - I recommend you tread with CAUTION.  This is one reason I don't have rentals in Mecklenburg County but in neighboring counties - better returns as well plus strong tenant demand.

Surane has a very strong lease that he can provide as well.

 The judge will not likely put them in jail for not paying rent.  But eh will for contempt of court--not following the court order.

I know its a play on words, but the right words may get he judge to enforce his order.

BTW, when you do evict them, make sure you use wording to evict EVERYONE on the property--not just the legal tenants, or you will play this again to get rid of the non-tenants.

How crazy! What market is this happening in? 

@Antoinette Bailey I own rental property in NC and I evicted a tenant last year. Entire process (from first filing to sheriff showing up) took 6 weeks. I did not use an attorney, my PM did it themselves, (as they have been for 45 years).

I would suggest not just hiring another attorney or hire one that you don’t pay until this matter is resolved. I’m not sure what type of attorneys you’re using but they aren’t very good at their job..NC is pretty landlord friendly unless there’s something about your county specifically I’m missing

I agree with this totally!  I've handled every eviction myself and have never had a problem with the magistrates.  My leases follow the law to the letter of the law and beyond.  There are enough legal ways to protect my interests that I don't bother trying to get around the law.

 One of the early errors in this eviction was the unfair (according to NC law) late fees.  I often hear landlords saying how they charge extremely high late fees, and running recurrent late fees, and so on.  I tell every landlord who asks that I charge 5% and not a penny more.  That's the law in NC and that's what I stick to.  It's not worth it to try to make another $25-$100 when it can lead to this sort of problem.  Even if the delay was only one month.  I've never seen that issue cause this much grief, but now that I have, it is definitely a cautionary tale for everyone else.

After hearing about the second mistake in the lease, the OP should immediately review her lease and correct it.  Better yet, have a lawyer (not the Moe, Larry, and Curly trio who are handling this current case) review the lease and make it court-proof.

Antoinette, I'm sorry you are going through this, but IMO, you brought a lot of this on yourself.  It doesn't matter whether the illegal late fee was an honest mistake or an attempt to gouge, it was wrong.  Just like when the court tells the tenant it doesn't matter if they lost their job or their car broke down, unpaid rent is unpaid rent.  The legal knife cuts both ways and is equally sharp.

BTW, what county is this in?