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Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 2849
Experience:  30 years of experience
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I have a tenant in my home. It is not working out. I drew up

Customer Question

I have a tenant in my home. It is not working out. I drew up a small contract promising to give her 30 days notice. I presented her with that notice yesterday and she went on a hysterical rant and then went out to my sons place of business (which is on my property) and ranted on him and he had no knowledge of the situations. She was so violent that I had to Jam my door shut for the night and sleep with a rifle next to my bed. Do I need to get a court eviction in spite of my contract with her? I also know I can get a restraining order in which case the police will come and escort her out. If she can't take her personal items with her (there's much too much for her to do so), am I responsible for her belongings? Your advice, please.
Submitted: 11 months ago.
Category: Legal
Expert:  Richard replied 11 months ago.

Good morning. My name is ***** ***** I look forward to helping you.

Yes, you are correct in that you can get a restraining order to get her out while the eviction process runs its course, but if she won't leave voluntarily, you do need to go through the actual eviction process...called ejectment in NC...to avoid being accused of an illegal eviction. What that means is that if she will not leave on or before your 30 day notice of termination, you will then need to give a 10-Day Notice to Quit under NC law..meaning she must vacate the premises within that period or face formal eviction. Then, if she still has not left, you will have to file a petition for an ejectment order. Once that is granted...you can have the sheriff evict. Unfortunately, you are not allowed to move her stuff out, change the locks, or take any other means of "self-help" eviction prior to obtaining the eviction order.

This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that you could just force her out immediately, but I can only provide you information based on the law so that you can act on the best available information to you. ………..I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!

Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (hopefully Good or Excellent). I thank you in advance for taking the time to provide me a positive rating!

Customer: replied 11 months ago.
I got general info. Did not answer specific questions.
Expert:  Richard replied 11 months ago.

Hi there. I'm so sorry! First, I tried to accept your request for a phone call but got the following message:

"The customer’s payment didn’t clear. Wait and refresh the page to try again. You may want to alert the customer there’s an issue with their payment method."

This process applies whether or not you have a specific contract requiring her to leave after 30 days notice. Unfortunately, if she simply doesn't leave, you have to go through this process. As for her personal items, you can't do anything with them until she leaves or you get the ejectment order. Once you get a writ of possession through your ejectment order, you can have the sheriff remove her and all her things. If there is anything else I didn't answer, just let me know and I'll be happy to address it.

Expert:  Richard replied 11 months ago.

I wanted to give you the specific statute regarding her property should she abandon it:

"

North Carolina

§ 47-25.9 and § 42-36.2

After an eviction and notice specifying the date a sheriff will execute a writ of possession, a tenant has up to 10 days to contact the landlord and arrange to take possession of the property. During the 10 days, the landlord must store the property in a county warehouse. After 10 days (or five days if the property's value is less than $100), the landlord may dispose of or sell the property. If the landlord chooses to sell the property, he must give seven days notice in writing to the tenant, which may run concurrently with the 10-day period. The landlord may use sale proceeds to offset any remaining rent, damages, storage fees, and the cost of the sale. He must give any surplus to a tenant who asks for it or to the county where the property is located if no one asks. If the property is worth less than $500, the landlord may donate it to a nonprofit organization that agrees to store it for 30 days. The landlord must post a notice of the property's location at the vacated premises and mail the tenant a copy of it. The organization must release the property at no charge if the tenant comes to claim it within 30 days."

Expert:  Gerald, Esq replied 11 months ago.

I see that you are looking for a phone call. However, your payment did not go through for that service.

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