Landlord Question and Answer Forum

I have a few homes in North Carolina and had my first tenant that never paid on time. We were careful and screened the tenant in every manner and got the EZ landlord recommendation to go with this tenant but it was not good from the get go. First months rent check bounced. Did not transfer utilities to her name. Did not pay rent on time, etc... Took her to court in May and she lied to the magistate and she was told to pay rent and the case ended in her favor. Took her to the same court in December now almost 4 months late with all forms and in compliance with North Carolina law and only got one months rent judgement and an eviction judgement. I did not appeal because I heard it would slow down the eviction. I filed for the Writ of possession and she only moved out 4 hours before the sheriff was due. Can I go to court to get more past due rent? How about the rent for the day after I filed the claim and the weeks it took to get her out? How about damages like the torn linoleum floor or the months until i get new tenants? Thanks for replying and happy new year.

Yes, you need to take this to small claims court. In court you will be able to sue for all of your losses and reimbursed for all repairs that need to be done.

Posted by Richard W, PA on Sunday, January 3, 2016

If the amount owed from your tenant from rent, penalties, clean up, repairs, loss of revenue etc., exceed the amount which is permitted in your local small claims court, you should obtain legal advice, for a civil law suit would be in order. I suggest you seek legal advice & obtain a lawyer if you do not have one already.

Posted by J. M, OH on Thursday, March 3, 2016