Re: Can I collect in court when tenant is evicted?

Re: Can I collect in court when tenant is evicted? by OK-LL on January 19, 2012 @11:33

I would wait until February 1 and post a new 7-day p/q notice in accordance with NC law which includes all unpaid rents including February, then on February 8 I would file the eviction asking for all the unpaid rent, including the month of February. I have never had a court pro-rate the eviction month, although one judge here talked about doing so. Typically, it will be mid- or late- February by the time you make your way through the eviction process, so you should be able to collect the full rent for February on the judgment.

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Re: Can I collect in court when tenant is evicted? by Anna Mouse on January 19, 2012 @12:59	[ Reply ]

I have read up on what to do with a holdover tenant. While all state laws are different what I got from my research is that if you allow someone to holdover you by default are continuing the lease, albiet on a m2m basis. A big factor in this case is there has been no payment. Unless there is something in the lease that states that it will renew again if nothing is done. If it was a year lease then she might be stuck another year? If someone was to Holdover on me I would not accept any rent past the lease date as then I can't use the holdover law. However since the tenant owes past rent might any funds be credited to the past due balance. So my only concern with her posting a pay or quit and asking for Februarys rent is that she might negate the holdover status. In my state and possibly others, HOLDOVER is the easiest thing to evict for, even more so than non-payment. I tend to agree with Mr. Dan in this case that she should post another notice to quit and then move for eviction. Finally, look for an attorny that specializes in evictions. I believe a good attorny versed in eviction laws will give a flat rate, especially since it is a hold over, and will expidite the removal of the dead beat. Learn from what he does save the paper work as reference for nest time! P.S. Glad to see you back OK-LL. Your posts have always been valuable to me. Nice to have an experienced LL like you on this forum.