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Lucy, Esq.
Lucy, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 27620
Experience:  Attorney
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I have a rental property in Wilmington NC, which was tented

Customer Question

I have a rental property in Wilmington NC, which was tented last January to a couple. At the time they were paying rent on time, asked to add flood light on the back patio which I took off the rent. However, for the past 3 month they have had trouble paying the rent on time I have already used the damage deposit to cover a month. I have put them on notice and have given them until the june 20/july 1 to leave. They say that they can't pay rent and put money aside to find another place. I have told them they have to pay me something if they are going to stay there or it is considered squatting.. They have paid nothing for April. It will be due again on the 10th of may. What can I do?
JA: OK. The Landlord-Tenant Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: The lease expired in Jan 2016 they have not signed another one
JA: Is there anything else the Landlord-Tenant Lawyer should be aware of?
Customer: not that I can thinks of
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Landlord-Tenant Lawyer about your situation and then connect you two.
Submitted: 7 months ago.
Category: Landlord-Tenant
Expert:  Lucy, Esq. replied 7 months ago.
Hi, I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation. They have to pay rent in order to stay. It sounds heartless to say it, bu it's up to them to manage their own finances. You didn't sign up to give them a free place to live. You have the ability to serve them with a 10 day notice to pay ALL rent due or vacate the premises. N.C. Gen. Stat., Section 42-3. A ten day notice for non-payment supersedes a general notice that their tenancy is being terminated. If they don't leave, you can go to the courthouse on the 11th day (assuming it's not a weekend) and file a Complaint for eviction. See Section 42-25.6. The legal term for an eviction is Summary Ejectment. The process takes a few weeks, but you're allowed to seek a judgment for all rent that comes due before they leave (plus what they already owe you). The courts have forms online that may help.http://www.nccourts.org/forms/documents/348.pdf If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

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