Tenant eviction in Charlotte, NC can be tricky, and there have been far too many cases where landlords have lost their eviction actions. Often, tenants will be more educated about the eviction process than landlords are. Make sure you know the rules and the requirements, or you’ll find yourself in trouble.
Filing Proper Notices
Your paperwork must be perfect, otherwise you will lose or delay your eviction case. A 10 Day Notice is required before you start the eviction process, unless your lease includes language waiving this notice period. Most leases that landlords get off the internet don’t have this language included. Make sure you have a lease that does waive the 10 Day Notice period, otherwise you must wait those 10 days and provide the notice with precise language.
The eviction case could be dismissed in court if you don’t have the proper documentation to support your eviction. It’s important to have copies of all the notices you have provided to your tenant, copies of emails and other correspondence that have been sent to your tenant, invoices and receipts for any repairs that you made to the property, the lease itself which stipulates what happens when rent isn’t paid, and an accounting statement that shows outstanding balances due. When you provide your ledger or accounting documentation, make sure it’s clear and easy to follow. If the Magistrate cannot see that the tenant has not paid rent, you’re going to have trouble winning your case.
Maintaining the Property
One of the tools used by professional tenants is to claim that the landlord has not kept the property habitable and maintained. If you don’t have the documentation to prove that such a claim is untrue, the court might believe your tenant. Evictions have been thrown out because tenants have claimed that the house doesn’t have smoke detectors. If a landlord cannot show pictures or proof that smoke detectors are in place, the tenants can win. Tenants can also claim there is mold at the property or repair requests have not been completed. Over-documenting is never a bad idea.
Winning in Court
If you want to successfully evict a tenant, make sure you’re following all the laws. When you violate the eviction process or you break a law, your case is sure to be thrown out. Make sure you know the limits of the late fees and the NSF fees you can charge. Don’t change the locks on the property or turn off the utilities. It’s always a good idea to get help from a qualified eviction attorney. Property managers can also help you protect your property and your financial exposure during an eviction process.
Each eviction is a little different, and you need to be prepared and educated. For help with the process, contact Alarca Property Management.