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tenant lied

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dreambean

Junior Member
What is the name of your state - North Carolina

Tenant lied on application. Does not have a job. Has not paid the deposit nor the first months rent. Provided false documentation to demonstrate SS income and has been in my house for one month and one day.
Tenant has signed a one year lease.

Can I file criminal charges? Can I lock her out because I have never received one dime?
 


HomeGuru

Senior Member
What is the name of your state - North Carolina

Tenant lied on application. Does not have a job. Has not paid the deposit nor the first months rent. Provided false documentation to demonstrate SS income and has been in my house for one month and one day.
Tenant has signed a one year lease.


**A: why did you allow the tenant to move in WITHOUT first verifying the information on the application and collecting the deposit and first month's rent in cash?

################

Can I file criminal charges? Can I lock her out because I have never received one dime?
**A: no and no. Read the NC landlord tenant law and follow it. By the way, how many years have you been a landlord?
 

KJHOOK13

Member
Always do credit check!

I should talk - I've had tenant problems, too!:rolleyes:

N.C. does not permit landlords to lock-out tenants. You must file for a Summary Ejectment and have tenant served personnally or by posting the Magistrate's Summons & Complaint in Summary Ejection. This is handled by the small claims division of your local court.
 

dreambean

Junior Member
Not long. I thought I was getting direct payments from SS. If I lock her out anyway what are the consequences?
 

dreambean

Junior Member
As you can see I'm a risk taker.
What the fastest way to get her and the three children out? Can I do a "Unconditional Quit Notice" ? This something I just heard about.
 

HomeGuru

Senior Member
As you can see I'm a risk taker.
What the fastest way to get her and the three children out? Can I do a "Unconditional Quit Notice" ? This something I just heard about.
**A: you can hire Bubba and make her an offer she can't refuse. Or pay her $1000 cash to move out.
 

KJHOOK13

Member
NC LAWs

From what I could gather - NC is one of those "tenant-friendly" states, unfortunately for you. If you change the locks, or cut-off utilties she can have you arrested, and file for an injunction which may end up costing you a whole lot more. NC does have an "expedited" ejection process for those tenants who have not lived there very long and have failed to pay rent/deposit. It involves giving a 5 day notice to vacate - but still, you must go through the courts for this. Google "Tenants Rights North Carolina" there are multiple links to how to do the expedited eviction process in North carolina.
 

sandyclaus

Senior Member
how's this for risk?

As you can see I'm a risk taker.
What the fastest way to get her and the three children out? Can I do a "Unconditional Quit Notice" ? This something I just heard about.
So what you're saying is that you screwed up by not thoroughly screening your tenant, and not collecting deposit & 1st month's rent before letting her move in? And now you want to violate their rights by tossing them out in the streets and locking them out?

I can certainly understand the inclination, but you'll be liable for criminal charges (illegal lock-out / trespassing) and significant civil penalties (they can sue you for an illegal eviction for not following the proper court procedures). Plus, they would most likely get possession back from you, and could end up staying in the house for a long time without having to pay you any rent at all. All because you didn't do your job and check them out and collect your monies up front.

Is that the kind of risk you're willing to take? Do you want to incur more expense & debt and possibly face jail time? If so, go for it. But don't say you haven't been warned, and don't complain about the consequences.

If, however, you are able to learn from our mistake, you'll follow the proper court procedures. Give her notice NOW that you are ending the tenancy and proceed accordingly. Get a lawyer and evict her LEGALLY.
 

dreambean

Junior Member
Yes I screwed up. But I also learned a valuable lesson. This is a Great Universe, all things will com into balance. I hear you loud and clear. This has been very helpful. I'm on my way to file the proper papers today and no more Mr. Nice Guy, dealing with tenants is real business.

Thanks for your help.
 

Cvillecpm

Senior Member
Hire a professional property manager to manage the property. A professional property manager will know the eviction ropes.

By leasing the property yourself, you became a target for your PROFESSIONAL DEADBEAT TENANT - they look for unsuspecting landlords who do not know what they are doing and then soak up 3 to 5 months FREE RENT...the sooner you file an eviction, the better.
 

ecmst12

Senior Member
I would definitely advise hiring a lawyer for your first eviction experience, so you can watch and learn the proper steps - so NEXT time you need to do this, you can do it yourself.
 

applecruncher

Senior Member
What is the name of your state - North Carolina

Tenant lied on application. Does not have a job. Has not paid the deposit nor the first months rent. Provided false documentation to demonstrate SS income and has been in my house for one month and one day.
Tenant has signed a one year lease.

Can I file criminal charges? Can I lock her out because I have never received one dime?
So, you 1) failed to verify any of the information on her application and 2) allowed her to move in even though she had not paid you anything?
Something wrong with that picture. :rolleyes:

Criminal charges? :confused:

Hire a lawyer.
 

Alaska landlord

Senior Member
If your state allows discrimination based on source of income, have your fixed income applicants come up with co-signers on their lease agreement. Otherwise, if you win a judgment on them you probably will not be able to collect.

don't let the tenants here get to you. They get upset whenever a landlord wants to kick one of their friends out.
It's a steep learning curve and most learn by trial and error.
 

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