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I HAVE A MOBIL HOME I HAVE RENTED TO TWO MEN,THE IS MONTH TOO MONTH LEASE SO I SEND A CERTIFIED MAIL ON THE 10 OF JUNE TOO LIVE JULY 15 2012 AND THE WAS NOT PICK UP I ALSO GAVE THEM A COPY OFF THE LETTER ,AND HAVE EMAIL ,AND THE IS NOT MOVING WATH KAN I DU ,I SOLD THE MOBIL HOME I ASK THEM FIRST IF THE WILL PURCHASE FIRST THIS MEN WILL HAVE ME TOO CAIER THE MORTGAGA END I CAN NOT DU THAT .THE BYERS IS MOVING INN JULY 20 2012 END I TOOL THEM AT THE 15 IS THE MONTH UP AND THE IS NOT MOVED THANKS WIVI XXXX
Optional Information: Country relating to Question: United States Already Tried: I SEND A CERTIFIED LETTER AND EMAIL THEM
Hello,Thank you for using JA..What state is this in?.Let me make sure I have this correct..You gave them a proper 30 day notice to terminate the lease contract effective July 15 and they have not moved?.And you are wanting to know how to get them out now?.
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Thanks.
Barrister
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that is correct
Ok, what state is this in?.
north carolina,
Ok, to be blunt, you aren't going to get them out in 5 days. And you can't just throw them out or they can sue you for illegal eviction..If they didn't move out today, you can file a "summary ejectment" complaint with the local magistrate court asking for possession, rent and damages. The clerk will set a hearing date and both landlord and tenant will appear and state their cases.
. Assuming the landlord can provide proof that a 30 day notice was delivered, landlord will get a judgment. If the magistrate agrees with the landlord that tenant should be evicted, he or she will enter a “judgment for possession.” The magistrate may also order tenant to pay damages up to $4,000. This order is called a “money judgment.” . Tenant then has 10 days to either move or appeal the judgment. If they appeal, they have to pay any current and undisputed rent to the court in order to be able to appeal. If they don't appeal, 11 days after getting a judgment for possession, the landlord can get a Writ of Possession of Real Property issued by the Clerk of Court. . The writ directs the Sheriff to physically remove the tenant and his personal property from the premises. The Sheriff, not the landlord, is the only one who can remove the tenant and/or his personal property from the rental premises.
Experience: 13 yrs practice, Realtor, Landlord 24+ yrs