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Re: tenants gets evicted for non rent payment - Landlord Forum thread 353869

Re: tenants gets evicted for non rent payment by Katiekate (New York) on August 16, 2017 @14:11

                              
Magistrates, marshals, other officers of the court just want to defuse and end each situation. He isn't going to confront her over this...why would he? Just get her to leave quietly is his entire goal.

So...you should read your State laws...but, loss of rent money is a damage that the landlord is entitled to offset with that damage deposit. This tenant will likely end up owing you a lot of money...but, be comforted in knowing that what the magistrate said might get your unit cleaned up!! That would be a bonus.

Make sure you have good record keeping, and lot of pictures. You need to provide this ex-tenant with completely accounting of all damage and bill for the difference within the time limit specified by your State law.
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Re: tenants gets evicted for non rent payment by BARB (NC) on August 16, 2017 @18:51 [ Reply ]
Thank you Katiekate for your input nevertheless found the general stature of LL and Tenants Law .

§ 42-51. Permitted uses of the deposit.
(a) Security deposits for residential dwelling units shall be permitted only for the
following:
(1) The tenant's possible nonpayment of rent and costs for water or sewer
services provided pursuant to G.S. 62-110(g) and electric service pursuant to
G.S. 62-110(h).
(2) Damage to the premises, including damage to or destruction of smoke
alarms or carbon monoxide alarms.
(3) Damages as the result of the nonfulfillment of the rental period, except
where the tenant terminated the rental agreement under G.S. 42-45, G.S.
42-45.1, or because the tenant was forced to leave the property because of
the landlord's violation of Article 2A of Chapter 42 of the General Statutes
or was constructively evicted by the landlord's violation of G.S. 42-42(a).
(4) Any unpaid bills that become a lien against the demised property due to the
tenant's occupancy.
(5) The costs of re-renting the premises after breach by the tenant, including any
reasonable fees or commissions paid by the landlord to a licensed real estate
broker to re-rent the premises.
(6) The costs of removal and storage of the tenant's property after a summary
ejectment proceeding.
(7) Court costs.
(8) Any fee permitted by G.S. 42-46.
(b) The security deposit shall not exceed an amount equal to two weeks' rent if a
tenancy is week to week, one and one-half months' rent if a tenancy is month to month, and two
months' rent for terms greater than month to month. These deposits must be fully accounted for
by the landlord as set forth in G.S. 42-52. (1977, c. 914, s. 1; 1983, c. 6

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