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In North Carolina if a tenant leaves before the lease is up and does not notify landlord, can you still send eviction papers or go to small claims court to recover any owed monies. They have abandoned the property

Lawyer's Assistant: What steps have been taken so far? Has any paperwork been prepared or filed?

Just to let them know when there lease is up and they will still owe June rent just a letter to the tenant

Lawyer's Assistant: Have they talked to a NC lawyer about this?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No just should i still file eviction papers or other

Submitted: 2 months ago.Category: Real Estate Law
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Answered in 9 minutes by:
5/28/2018
Real Estate Lawyer: Law Educator, Esq., Lawyer replied 2 months ago
Law Educator, Esq.
Category: Real Estate Law
Satisfied Customers: 126,897
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If they have abandoned the property, the landlord can reclaim the property and can sue for damages and breach of lease not covered by the security deposit. You can sue in small claims, but you need to know where they are and serve them the suit so you can proceed through the court process.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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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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