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Ask Barrister Your Own Question
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 37830
Experience:  16 years real estate, Realtor. Landlord 26 years
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My tenant did not pay rent and June. She does not respond

Customer Question

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: Real Estate Law
Expert:  Barrister replied 2 years ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
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Are you referring to the child being alone or with regard to any eviction?
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thanks
Barrister
Customer: replied 2 years ago.
what do you mean ''with regard to any eviction''? are you referring to the child being alone?
Expert:  Barrister 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..
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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.
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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...
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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.
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If you are asking about how to go down the eviction path, then I can give you more information about that as well..
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I just need to know what you are asking about.
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thanks
Barrister
Customer: 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.
Expert:  Barrister 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:
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""§ 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.""
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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.
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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.
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thanks
Barrister
Customer: replied 2 years ago.
Do I need to submit to court a proof of delivery a10 day Notice for rent? Thanks
Expert:  Barrister 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.
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Thanks
Barrister