My husband and I have allowed his aunt to rent a property we own We offered to let her buy it and she has decline. We need to sell it and need to know what we have to do She has not paid rent for three months and we cannot afford two morgages. We are faced with foreclosure if something is not done soon No written contract was made and she has lived there for almost four years Sh continues to lie and avoid paying Thank you
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family with no written contract
- Thread Starter jackso_5
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jacksgal
New Member
If she has not paid rent then begin eviction process as per your state's laws. This starts with a pay rent or quit notice. What state is this in?
Gail_in_Georgia
Moderator
Yes, you have to go through the courts. Only a court can order an eviction. "Self-evictions" (i.e., locking someone out, tossing out their personal items) are illegal.
Again, do a "google" search on "evicting someone in North Carolina" to learn the steps you must go through to handle this legally.
Gail
Again, do a "google" search on "evicting someone in North Carolina" to learn the steps you must go through to handle this legally.
Gail
jacksgal
New Member
You mustfollow your state's guidlines for removal of a tenant. Anything you do in conflict of that will likely cause you further problems
jacksgal
New Member
Eviction Process
The process of eviction in North Carolina begins with giving the tenant a written notice of nonpayment. After the written notice is delivered, you must allow a ten day grace period for payment before proceeding with the Summary Ejectment process. The next step is the filing of a Complaint for Summary Ejectment. You may also file for money owed as part of the Summary Ejectment process. You may file at the Mecklenburg County Clerk of Court's Office located at 720 E. 4th Street, room 215 (You must enter the 720 building by way of the Civil Courthouse located at 800 E. 4th Street). You must supply a self addressed stamped envelope for the tenant, as well as yourself when filing. Following the filing, a court date will be set for appearance in small claims court. A Summons will be issued for the tenant. Summons in Summary Ejectment are issued in a special type of small claims action which requests possession of real property and the eviction of current tenants. This action is available for landlords or owners to regain possession of their real property from tenants or other unlawful possessors of real property. The summons will be issued to the Sheriff's Office for service. The Summons must be served by one of the approved methods set forth in North Carolina General Statute 42-29. The service of the summons in summary Ejectment must be completed before the court date. THIS IS THE ONLY SUMMONS WHICH MAY BE LEGALLY SERVED THROUGH POSTING ON THE PROPERTY IN QUESTION. By allowing posting of this type of summons, it will be an extremely rare situation where the summons could not be served by posting. (For Example: The plaintiff fails to put the correct address of the property on the summons).
Posting of the property allows the court jurisdiction over the property and possession may be awarded even if the tenant/defendant does not appear in court. However, in Mecklenburg County, money owed is traditionally not awarded unless the tenant/defendant is personally served or is present for the proceedings. Once judgement is awarded, there is a ten day appellate period. Once this period has expired, you must go to the Clerk's Office and file for a Writ of Possession of Real Property. You must supply two self addressed stamped envelopes (one to you, and one to the tenant) when filing. The Clerk will issue the Writ to the Sheriff's Office for service. The eviction will be worked seven days after its issuance. You will receive instructions in the mail regarding the date of your eviction and how to schedule a time for the eviction on that specific date in the mail from the Sheriff's Office.
The link below that will take you to the chapter of NC General Statute (42) that deals specifically with Landlord-Tenant:
http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/ByChapter/Chapter_42.html
The process of eviction in North Carolina begins with giving the tenant a written notice of nonpayment. After the written notice is delivered, you must allow a ten day grace period for payment before proceeding with the Summary Ejectment process. The next step is the filing of a Complaint for Summary Ejectment. You may also file for money owed as part of the Summary Ejectment process. You may file at the Mecklenburg County Clerk of Court's Office located at 720 E. 4th Street, room 215 (You must enter the 720 building by way of the Civil Courthouse located at 800 E. 4th Street). You must supply a self addressed stamped envelope for the tenant, as well as yourself when filing. Following the filing, a court date will be set for appearance in small claims court. A Summons will be issued for the tenant. Summons in Summary Ejectment are issued in a special type of small claims action which requests possession of real property and the eviction of current tenants. This action is available for landlords or owners to regain possession of their real property from tenants or other unlawful possessors of real property. The summons will be issued to the Sheriff's Office for service. The Summons must be served by one of the approved methods set forth in North Carolina General Statute 42-29. The service of the summons in summary Ejectment must be completed before the court date. THIS IS THE ONLY SUMMONS WHICH MAY BE LEGALLY SERVED THROUGH POSTING ON THE PROPERTY IN QUESTION. By allowing posting of this type of summons, it will be an extremely rare situation where the summons could not be served by posting. (For Example: The plaintiff fails to put the correct address of the property on the summons).
Posting of the property allows the court jurisdiction over the property and possession may be awarded even if the tenant/defendant does not appear in court. However, in Mecklenburg County, money owed is traditionally not awarded unless the tenant/defendant is personally served or is present for the proceedings. Once judgement is awarded, there is a ten day appellate period. Once this period has expired, you must go to the Clerk's Office and file for a Writ of Possession of Real Property. You must supply two self addressed stamped envelopes (one to you, and one to the tenant) when filing. The Clerk will issue the Writ to the Sheriff's Office for service. The eviction will be worked seven days after its issuance. You will receive instructions in the mail regarding the date of your eviction and how to schedule a time for the eviction on that specific date in the mail from the Sheriff's Office.
The link below that will take you to the chapter of NC General Statute (42) that deals specifically with Landlord-Tenant:
http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/ByChapter/Chapter_42.html
jacksgal
New Member
I posted the process it applies in your case!
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