Re: tenants gets evicted for non rent payment - Landlord Forum thread 353873

Re: tenants gets evicted for non rent payment by Garry (Iowa) on August 16, 2017 @16:42

You may not be able to charge the T any money for rent, past the date she actually vacates the unit, and you have possession back. That's because your notice to pay or move, takes presidence over your lease. She violated your lease by not paying rent. YOU gave her a notice to pay or move. She did neither, so you went to court to FORCE her to move. These were YOUR actions, not hers. Once she is out, you can charge any back rent she owes you, against her deposit, but NOT any future rent you would have gotten till the actual ending date of the lease. But it sounds to me as though she is going to owe you a LOT more money than her deposit will cover. Total up her damages against the deposit, and be SURE to get the statement out within the 30 days. If I were you, I would send it out by day 25, and send it certified mail, to her last known address, which could be your rental address.

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Re: tenants gets evicted for non rent payment by Anonymous on August 16, 2017 @18:47	[ Reply ]

Thank you for your comments I found the general Stature for NC. § 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