Lease agreement

[spunkydog]

What is the name of your state (only U.S. law)? NC
Tenant has 6 month lease and has not paid rent for the past month, lived in house 3 months. Has no job and says to evict him. I want him to just move out and not owe me anything. I cannot afford to evict him as I am paying all his utilities as that is included in the lease. Also included in the lease is internet service, can I take that away and also a TV on temporary loan so am I allowed to take that out? He said he would have a TV after a couple of weeks but still has mine after 3 months and I want it back. Thanks to anyone who can offer me some direction on the situation.What is the name of your state (only U.S. law)?

 

[sandyclaus]

What is the name of your state (only U.S. law)? NC
Tenant has 6 month lease and has not paid rent for the past month, lived in house 3 months. Has no job and says to evict him. I want him to just move out and not owe me anything. I cannot afford to evict him as I am paying all his utilities as that is included in the lease. Also included in the lease is internet service, can I take that away and also a TV on temporary loan so am I allowed to take that out? He said he would have a TV after a couple of weeks but still has mine after 3 months and I want it back. Thanks to anyone who can offer me some direction on the situation.What is the name of your state (only U.S. law)?

If he is under a lease, you cannot make any changes to the terms of that lease until it's expiration without penalty to you. That means you must leave the internet service on. But if the TV was not part of the lease, and it was on loan, then you CAN repossess that (but not by entering the tenant's premises without permission - if he gives you trouble, call the police to assist you in getting that back).

While I'm sure it might be more convenient that the tenant just move out, I think HIS primary concern is having a roof over his head rather than getting out of his current financial obligations by you waiving all the unpaid rent. And since he told you to evict him, its clear that either he doesn't believe you'll do it, or he doesn't care about an eviction on his record. (You DID check his rental history before you rented to him, right?)

Can you afford to have him live there, rent free, for another 3 months? If not, then you'd better find the money to go through the eviction process, because that is the only solution that will get him out of your house without further delay and excuses on his part.

 

[spunkydog]

lease agreement

As stated he does have a lease. Yes, I DID check all of his references and got very good responses. What would be the penalty to me that your mentioned? He is living rent free, does the owner of the property have no rights? The internet is wireless and he has a code to use to access the internet can I change the code. The TV is on the lease but it states (temporary) I would never go in to the house and just remove the TV unless he was there. Is there such a thing as an amended lease or you are saying I have NO options other than eviction? The lease stands as is and he lives there rent free and has all utilities provided.

 

[Banned_Princess]

As stated he does have a lease. Yes, I DID check all of his references and got very good responses. What would be the penalty to me that your mentioned? He is living rent free, does the owner of the property have no rights? The internet is wireless and he has a code to use to access the internet can I change the code. The TV is on the lease but it states (temporary) I would never go in to the house and just remove the TV unless he was there. Is there such a thing as an amended lease or you are saying I have NO options other than eviction? The lease stands as is and he lives there rent free and has all utilities provided.

You have no other options then to evict him. I suggest you get your tv back before serving him via certified mail, that he has 3 days to pay, or move out.

on the fourth day, go to your local civil court and file for an eviction. you can do this for free if the judge agrees you cannot pay the fine due to your indignantcy

 

[sandyclaus]

As stated he does have a lease. Yes, I DID check all of his references and got very good responses. What would be the penalty to me that your mentioned? He is living rent free, does the owner of the property have no rights? The internet is wireless and he has a code to use to access the internet can I change the code. The TV is on the lease but it states (temporary) I would never go in to the house and just remove the TV unless he was there. Is there such a thing as an amended lease or you are saying I have NO options other than eviction? The lease stands as is and he lives there rent free and has all utilities provided.

LL's are prohibited from using self-help eviction methods, including lockouts or turning off utilities, to motive their tenants to move out. You can be held liable for any/all damages resulting from the illegal eviction attempts, and the tenant can also turn around and file a civil action against you for unfair or deceptive acts or practices when you violate these provisions.

One could argue that the law considers utilities to be necessary basic services, of which internet service is not one. I suppose if you have your heart set on it, you could change the router codes and passwords to prevent access. But just be prepared for legal action against you if you do.

And no, there is no such thing as an amended lease when all parties do not agree to it. For any changes to take effect during the lease term, ALL parties must agree to the changes IN WRITING.

As for the glowing references, it's entirely possible that these people were friends of his and gave him bogus positive references. Did you run a credit check? Run his name through a landlord/tenant reference service? If he was as terrific as you say he appeared, then I don't think he would be so bold as to not pay rent and just tell you to evict him to get him out.

Unfortunately for you, there does not appear to be any other option other than a formal eviction process. It's the only safe and legal way to get what you want - this person out of your house. As the owner of the property, you basically assigned all of your right to possession of the property to this tenant under the lease you signed. Since your lease included providing utilities to the tenant, you cannot charge him for those, either. You signed a legally binding contract, and this is the downside.

If you can't handle the necessary elements to evict your tenant, either you need to hire a property manager who can, or get out of the LL business altogether.

 

[Ozark_Sophist]

Do you really think he is going to move out when the lease is up? Start eviction process now or wait three months to start it.

 

[spunkydog]

lease agreement

No I do not think he will move out voluntary but if I start the eviction process and he gets a job and pays the rent then that is more money wasted on him as he can stay in the house per his 6 month lease. Is this correct or not? Does he have to pay courts costs or do I have to?I am sure they are non refundable after the fact.

 

[spunkydog]

lease agreement

I know nothing can be changed or amended unless it is agreed upon and in writing by all parties involved. Is it correct that if I file to evict and he gets a job and pays rent then he stays in the house? How long does he have to pay all back rent owed after getting a job? Seems like there again the law is in favor of him as I have to wait no matter what. Say I file and go to court at that time does he have to pay all rent that is due on that day and to the court? In my 20 years of renting the house this is the FIRST renter that does not have the money to pay the rent. No problems EVER with anyone else.....so no I do not know all the laws on eviction as never had to deal with it. I am only seeking info from the community so your comment about getting a property manager is uncalled for in my opinion. If you can't be a bit nicer with your comments then do not bother to reply.

 

[Banned_Princess]

I know nothing can be changed or amended unless it is agreed upon and in writing by all parties involved. Is it correct that if I file to evict and he gets a job and pays rent then he stays in the house?

After you file for eviction (after the 3 day notice to pay, which if he does pay up, he stays) you do not have to accept any rent, and proceed with the eviction

How long does he have to pay all back rent owed after getting a job?

within the 3 day notice.

Seems like there again the law is in favor of him as I have to wait no matter what.

what are you talking about. you can file for eviction after 4 days. (one day past the 3 day notice)

Say I file and go to court at that time does he have to pay all rent that is due on that day and to the court?

no, you will get a judgement for all of the past rent he owes you, he might not pay it, but at least he will have to move.

In my 20 years of renting the house this is the FIRST renter that does not have the money to pay the rent. No problems EVER with anyone else.....

lucky you.

so no I do not know all the laws on eviction as never had to deal with it

.

HOW MANY TIMES DO I HAVE TO EXPLAIN IT TO YOU. AS A MATTER OF FACT WHY DONT YOU JUST LOOK IT UP YOURSELF.

http://www.ncleg.net/gascripts/statutes/StatutesTOC.pl?Chapter=0042

I am only seeking info from the community so your comment about getting a property manager is uncalled for in my opinion. If you can't be a bit nicer with your comments then do not bother to reply.

What the heck man, I dont know what is so difficult. 3 day notice, 4th day file, include past due rent, and filing fees YOU PAID, and any other legal fees and property damage in the complaint, and request for eviction.