Landlord-Tenant

Ask a landlord-tenant lawyer and get answers ASAP

Ask a Lawyer,
Get an Answer ASAP!

My tenant did not pay rent and June. She does not respond…

Customer Question
My tenant did not pay...
My tenant did not pay rent for May and June. She does not respond on my telephone calls. I
delivered 10 days note and posted on the entrance door twice. No response. Couple of of
days ago, I met her 12year son at the door, on my question: " Where is your mom, his answer, I do not know''... What should I do? Greg
Submitted: 2 years ago.Category: Landlord-Tenant
Show More
Show Less
Ask Your Own Landlord-Tenant Question
Answered in 2 minutes by:
6/4/2015
Lawyer: barristerinky, Attorney replied 2 years ago
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 41,570
Experience: Attorney over 17 years, landlord 26 years
Verified
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
.
.
Are you referring to the child being alone or with regard to any eviction?
.
.
thanks
Barrister
Ask Your Own Landlord-Tenant Question
Customer reply replied 2 years ago
what do you mean ''with regard to any eviction''? are you referring to the child being alone?
Lawyer: barristerinky, Attorney replied 2 years ago
I am assuming that your "10 day notice" is to pay rent or vacate and you are proceeding down the path to an eviction if the rent is not paid..
.
The child being alone is sort of a separate issue not really legally connected to any potential eviction action that would be based on nonpayment of rent.
.
.
I guess what I am saying is "What should I do" is kind of vague and I am not exactly sure what you are asking about...
.
If you are asking about the child being left alone, then you can notify law enforcement and they will do a "wellness check" and potentially take the child into protective custody if the mother has abandoned the child.
.
If you are asking about how to go down the eviction path, then I can give you more information about that as well..
.
I just need to know what you are asking about.
.
.
thanks
Barrister
Ask Your Own Landlord-Tenant Question
Customer reply replied 2 years ago
My tenant did not sign 10 day notice and therefore I am not able to proceed to an eviction. I am asking about how to go down the eviction path. Thank you.
Lawyer: barristerinky, Attorney replied 2 years ago
Ok, there is no legal requirement for a tenant to sign a 10 day notice. The applicable statute is N.C. Gen. Stat. § 42-3 which states:
.
""§ 42-3. Term forfeited for nonpayment of rent.
In all verbal or written leases of real property of any kind in which is fixed a definite time for the payment of the rent reserved therein, there shall be implied a forfeiture of the term upon failure to pay the rent within 10 days after a demand is made by the lessor or his agent on said lessee for all past-due rent, and the lessor may forthwith enter and dispossess the tenant without having declared such forfeiture or reserved the right of reentry in the lease.""
.
.
Once you deliver or post the 10 day Demand for Rent, if the tenant doesn't pay the entire amount within that period, you have to file for summary ejectment in District Court. The sheriff will then serve a summons on the tenant and they have 7 days to respond to the summary ejectment complaint. If they don't respond, the landlord would appear on the court date and get a default judgment. Then tenant has 10 days to appeal. If they don't appeal, landlord can then get a "Writ of Possession" from the court clerk. Within 3 days the Sheriff will notify the tenant of the Writ of Possession. Within 5 days the Sheriff will padlock the property. The tenant will then have 7 days to remove all personal property, or else the landlord may dispose of it.
.
So from the time you deliver the 10 day Demand for Rent, it will take around 40-45 days, depending on the court and sheriff.
.
,
thanks
Barrister
Ask Your Own Landlord-Tenant Question
Customer reply replied 2 years ago
Do I need to submit to court a proof of delivery a10 day Notice for rent? Thanks
Lawyer: barristerinky, Attorney replied 2 years ago
It would be a good idea to have it, but since the statute just says that you have to make a demand for it, I would opine that ot isn't mandatory.
.
.
Thanks
Barrister
Ask Your Own Landlord-Tenant Question
Was this answer helpful?
Ask barristerinky Your Own Question
barristerinky
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 41,570
41,570 Satisfied Customers
Experience: Attorney over 17 years, landlord 26 years

barristerinky is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Lawyer

46 satisfied customers

Landlord-Tenant Law Expert

LegalWiseNC

LegalWiseNC

Attorney

0 satisfied customers

Licensed Attorney in North Carolina.

barristerinky

barristerinky

Attorney

41,570 satisfied customers

Attorney over 17 years, landlord 26 years

Infolawyer

Infolawyer

Attorney

2,112 satisfied customers

Experience representing landlords and tenants.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,379 satisfied customers

Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.

Ely

Ely

Counselor at Law

1,278 satisfied customers

Attorney

LawTalk

LawTalk

Attorney

1,055 satisfied customers

I have handled Real Estate and Landlord Tenant matters for more than two decades.

< Previous | Next >

Related Landlord-Tenant Questions
If a landlord/owner of a house I'm renting doesn't give me
If a landlord/owner of a house I'm renting doesn't give me notice and comes on the property what can I do about that… read more
Jessica B
Jessica B
Juris Doctor
1,005 satisfied customers
Is there verification more recent than from 2008. I
Is there verification more recent than from 2008. I appreciate you might want to keep your name confidential but it might be helpful to know who you are. I do have another question re a recent questio… read more
socrateaser
socrateaser
1,031 satisfied customers
Beverly Hills Tenant - Subletted to me and we condified this
Beverly Hills Tenant - Subletted to me and we condified this with a contract which he identifies himself as the landlord. It was signed as a 9 month lease for $1400/Month. My wife came to stay with me… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
2,112 satisfied customers
I have some questions regarding a landlord/tenant situation.
I have some questions regarding a landlord/tenant situation … read more
Lori
Lori
Juris Doctor
1,311 satisfied customers
I have a question about some specific (may be very common)
Hi, I have a question about some specific (may be very common) issue, I'm renting an apartment in one of complexes and landlord is doing some construction works at the backyard which is next to my win… read more
LegalGems
LegalGems
Juris Doctorate
11,899 satisfied customers
Current landlord is selling place before 6/1 due to unpaid
Current landlord is selling place before 6/1 due to unpaid taxes. we were in a yearly contract which ended april. and she does not want to make a new contract. She was ok with us having dogs. And new … read more
barristerinky
barristerinky
Attorney
41,570 satisfied customers
I have an issue about my housing devl. A little over three
I have an issue about my housing devl. A little over three weeks ago my dish for cable tele was taken out of the ground and hauled away by the maintenance staff. I was given no warning and only found … read more
LegalGems
LegalGems
Juris Doctorate
11,899 satisfied customers
My 39 yr old son moved in in feb bcoz of Surgury. He has not
My 39 yr old son moved in in feb bcoz of Surgury . He has not paid rent for feb. mar. Apr. or may . What can I do … read more
LegalGems
LegalGems
Juris Doctorate
11,899 satisfied customers
Signed a lease in NY, landlord did not sign. I did not yet
Signed a lease in NY, landlord did not sign. I did not yet pay the deposit. My company all of a sudden wants me in Europe. What are my options please… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I currently have two issues. My ex girl friend and I had
Hi, I currently have two issues. My ex girl friend and I had adopted 2 cats over a year ago, now that she has moved out of the apartment we rented together she has hired an attorney to get the cats ba… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,806 satisfied customers
I had tenants on my property with a 6 month lease. They paid
I had tenants on my property with a 6 month lease. They paid late more than twice, so I issued a 72 hour eviction notice. There are details about that notice, and potential mistakes I made that I want… read more
Lori
Lori
Juris Doctor
1,311 satisfied customers
I had tenants on my property with a 6 month lease. They paid
I had tenants on my property with a 6 month lease. They paid late more than twice, so I issued a 72 hour eviction notice. There are details about that notice, and potential mistakes I made that I want… read more
barristerinky
barristerinky
Attorney
41,570 satisfied customers
I have an employee that has been living in a house of a
I have an employee that has been living in a house of a friend for over 5 years. The friend died 2 years ago but my employee has keep up the house. … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
In Calif. a person is classified as being disabled and also
In Calif. a person is classified as being disabled and also has one amputated leg and other health problems, and they have applied to rent an advertised “Handicap compliance one bedroom apartment” loc… read more
Lori
Lori
Juris Doctor
1,311 satisfied customers
Following is my issue. Can I leave my lease contract? If so,
Following is my issue. Can I leave my lease contract? If so, can you advise on how?I signed a lease for a single bed occupancy in a 2-bed unit. The lease clearly states that it would be a 2-bed unit. … read more
LegalGems
LegalGems
Juris Doctorate
11,899 satisfied customers
I am being evicted on a rent to own property but not
I am being evicted on a rent to own property but not necessarily due to breach of contract they are wanting the house back because the property value went up and they want to resale the house can they… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,552 satisfied customers
My landlord put her duplex up for sale. So what happens to
My landlord put her duplex up for sale. So what happens to us when it gets sold? And can we make then pay us to move? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,806 satisfied customers
I want to move out of my Appartement. I do not find the
Hello:) I want to move out of my Appartement. I do not find the information in my contract, how long in advance i have to tell?Can i send you the contract?BR, Christoph Moerz… read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x