Help, My first non payer and I started in 2-08. What do I do? Do i get forms at courthouse,lawyers,or the web? How much does it cost in NC to get someone evicted if they don;t pay?
The courthouse has the forms. It costs me $85 for the first person, and like $13 for each additional person (without the same last name). The costs are going to vary though.
Hopefully you’ve already given the tenant a notice to pay or vacate. You must wait 10 days after delivering (certified mail or posting notice on their door) the notice before you can file for eviction. Then, go to your county courthouse, find the Small Claims clerk and ask for eviction paperwork. In my county it’s $91 for one tenant and $115 for two. Bring 2 stamped envelopes as the clerk will mail the summons to the tenant and you for the court date.
On the day of court you’ll tell the magistrate you’re filing for eviction due to non-payment of rent. The magistrate will want to know the total amount of rent due prorated up until the day of court (not the full month). Then they’ll ask about any late fees due.
Once the tenant has been evicted they still have 10 days to move out, appeal, pay in full, or make arrangements with you. If they still don’t move, you have to file for a notice (forget the name) to repossess the property, $40. The court clerk will send it to the sheriffs office who’ll make arrangements to meet you at the property and escort the tenants out. You’ll need to bring new locks or a locksmith. Good luck.
Thats sooo helpful.
Around here we get our eviction forums from the Ohio Legal Blank company downtown. They have two sets. One for the City of Cleveland, and one for everywhere else.
Keep in mind that the price and procedure for evictions will vary based on the location of the property. Here in Cleveland, OH area it goes by city. I have two evictions in the works right now. ( These tenants came with the property when I got it, I don’t think I’ve ever evicted someone I’ve moved in myself. Knock on wood! :beer ) One is in the city of Cleveland and one is in the City of Cleveland Heights. Both are in Cuyahoga county. In both cases, its not the Sheriff who does the eviction. It is the Bailiff. The filing fee for Cleveland is $88 for the first person and $5 for each additional person there after. Cleveland Heights is $120 for the first and $5 for each after.
Before I go further I should mention… Due to the current mortgage crisis and the need for our government to control us sheeple as much as possible, there have been many laws past restricting our abilities across the board. When it comes to evictions in Ohio there have been new laws past in the last few months that govern WHO can file evictions.
In a nut shell, if when the judge looks up the property in the county records the name of the person on title had better be who is standing in front of him or he will dismiss the case. The only exception…a licensed attorney. No longer can an agent, property manager, partner, law student, para-legal, Spouse, or anyone else file an eviction unless they are the person on title or a licensed attorney. See, in the past one of my services was full evictions. As the agent (Property Manager) with a limited Power of Attorney I would conduct full eviction services for less than $100 (plus filing fees) for both the first and second cause of action. NOW, I can’t do that. I still offer full eviction services, but I no longer do them myself and they now cost $300 (plus filing fees). Also for first and second cause of action. It sucks because it costs my clients more and I no longer make any money on it.
If your property is titled by an LLC or any other kind of corporation or business then you are required to use an attorney. Board members, managing partners, sole proprietorship, etc. can not file. It must be a licensed attorney.
GooD LucK! :beer
The 10 day wait period is not required in North Carolina if you have a “default clause” in your lease. I would HIGHLY suggest this, so if things are really heading south, you can legally file the summary ejectment 8AM on the 6th after rent is late. Plus I don’t have time to be posting notices! Just make sure you mark the box on the SE form that says "the defendant breached the conditions of the lease for which re-entry is specified " and under that there is a box that says description of breach, and write failure to pay rent when rent is due. That is all you got to do to get around the 10 day posting!
Here is my default clause:
DEFAULT If Tenant(s) shall fail to make any payment of rent when due or shall fail to comply with any agreement herein contained, or shall become insolvent of bankrupt, landlord may terminate this lease with or without notice to the tenants(s) therefore without prejudice to other remedies available to the Landlord: and in such event, Tenant(s) hereby expressly waives notice to quit possession and such other formalities as may be required by law.
It’s called a Writ of Possesion. It’s filed at the sheriff’s office, not small claims. If you have been granted possession of your unit by the judge during your court date, then on the 11th day you can file the writ. This grace period is not really for them to move out (most deadbeats are milking it for all they have at this point) but to appeal. For a tenant to perfect an appeal, they have to bond the amount of money they owe on the judgement. It’s pretty rare this happens, I know a guy who has done over 500 evictions and he has only seen it happen a couple of times, and those I believe were not for non-payment of rent. The sheriff will contact you 7 days later to physically remove the occupants. Make sure on the Writ you write not only the tenant on the lease, but all occupants as well! So it should say “(tenant(s) name) and all occupants” Also, make sure you write your cell phone number on the writ as well. After that you are suppose to work with your evicted tenants to unlock the door during normal business hours for them to get their stuff. It is very important you do this, because if they refuse to get their stuff, you have to either keep it locked up for 30 days before you can trash it, or pay to have it in storage. And no a big green dumpster in the front yard is not considered storage.
Her bofiend has left she says and she can;t afford rent she ll be out this week. She didn;t pay in dec and now Jan is due. Do I still go to court to evict her or wait and see if she leaves on her own. THANKS!!! She says she will pay after she leaves, What is she don’t ? do i go smll claims court for money. it s only 450. month
IF she is leaving, it may be easier to wait until she leaves. Once the property is abandoned you can change the locks and then sue for the money she owes you.
I didn’t know that. Thanks for the help. Would I then go to small claims court? Thanks :rolleyes
Yeah. In my area you can file in small claims up to $5,000.