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