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I have a rental property in Wilmington NC, which was tented

Customer Question
last January to a couple...
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: 1 year ago.Category: Landlord-Tenant
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Answered in 5 minutes by:
5/5/2016
Lawyer: Lucy, Esq., Attorney replied 1 year ago
Lucy, Esq.
Lucy, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 30,986
Experience: Attorney
Verified
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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Lucy, Esq.
Lucy, Esq.
Lucy, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 30,986
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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).

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