Landlord Question and Answer Forum

We have a storage shed in our backyard. We told the tenants we have our things in there and that we will get them out when we buy a new home. The tenants have no phone, so when we came to town, they were surprised (we live out of state). Well, it turns out they have stolen several things out of the shed and sold them. The only way we know this is because the people that live next door to the rental propery told us, but they do not want to be involved, so they asked us not to let the tenants know. The tenants are not quite one month late. They owe us a balance of $675 for September plus about $400 in late fees. Our question is since they are not even a month behind, can we start the eviction process? We gave them a late rent notice demanding that the payment be made and gave them 7 days to come up with the payment. If they don't, can we start the eviction process? They have only been in the house for 3 months, but have always been very late.

Have you called the police and filed a report of the stolen items? If anything of mine was stolen, no matter who I may think stole them, I would call the police. Maybe they would that this tenant stole the items and then you could not only get them in trouble for that but you can also start eviction. In order to evict in NC,legally - ou must get a court order. You then file a legal complaint with the court. This complaint must be served upon the tenant by the sheriff. Attached to the complaint will be a summons that tells the tenant the day, time, and place to be in court. If you are proceeding with an eviction, you may not accept rent from the tenant. If you do, they can assert that you waived the breach.

Posted by Denise S, PA on Wednesday, September 17, 2008

thanks, the property is actually in Georgia, and the police said we cannot file a report because our personal property should not have been there. So, if we accept money, that means we are waiving the breach of contract? The lease says that if they have been late for 3 months, the contract is breached. Also, does anyone know how much time you have to give tenants to get out before you go to the magistrate court to file a disposition?

Posted by Leah K, NC on Wednesday, September 17, 2008

The 3 Day Demand For Possession Letter is the first step for a tenant who is behind on the rent, before filing a dispossessory warrant with the magistrate court in the county where the rental property is located. List all monies due in the letter. Acceptance of rent will generally terminate any legal proceedings.

Posted by Denise S, PA on Wednesday, September 17, 2008

so, they make the payment through a bank account that we have set up between us because we are out of state. so should I close the account so that they cannot pay?

Posted by Leah K, NC on Wednesday, September 17, 2008

That I am not sure about. You may have to ask an attorney about that one. Interesting lesson though. I do not accept rent in that manner but I know many people do. If you are going to change the way they pay, you must first notify them of that BEFORE you cancel the account.

Posted by Denise S, PA on Wednesday, September 17, 2008