Re: tenant appeals eviction - Landlord Forum thread 335340

Re: tenant appeals eviction by barb (NC) on May 22, 2015 @22:00

Tenants has left the property left the home in a mess. Tenant has call the Clerk of Courts Administrator to dismiss the May 26 eviction appeal. We have entered the home and removed soil food meats out of the refrigerator there's no electricity running. Meantime, they've tempered with the electric meter. I really not sure if its worth mine time and money to move forward with 'writ of Possession" The Administrators did talk about pursuing charging them for lying to the courts. I really do not understand the Magistrate has awarded the home to the LL from the Onset with no monies awarded why if the home is vacant I cannot clean it up and get it ready for the next renter? Thanks for your thoughts MrDan

[ Reply ] [ Return to forum ]

Re: tenant appeals eviction by MrDan (Georgia) on May 22, 2015 @22:24	[ Reply ]

The reason to go forward with the 'Writ of Possession' legally gives the landlord back possession of the rental property. With a completed 'Writ' the tenant cannot come back and reenter the rental property. (Tenant claimed to have paid until the end of May) If you do not complete the 'Writ' the Sheriff Department will “NON-SERVE” the writ of possession, canceling the writ of possession execution, and you will NOT have completely evicted the resident. You do not have to follow 'NC Rental Abandonment Laws' You do have the right to enter and secure the rental, prevent additional damage (i.e remove spoil food, etc) If you truly feel that the ex-tenant will not come back or make a claim for missing property, then proceed.

Re: tenant appeals eviction by Anonymous on May 24, 2015 @19:19	[ Reply ]

Mr.Dan thank you for your input I am going to change the locks and monitor the property thank you again.