Stuck/Squatting Tenants

[Bill Bell]

I have a scenario where the tenants experienced financial difficultly in July and were unable, they claim, to pay Aug rent, due on the 1st.  They also noted via email there intention to move via a 30 day notice.  However, as we approach the beginning of Sept, they recently noted that they have not yet found a new place, and I feel that likely the situation will exist where they are "stuck" in my property while they continue to search for a new place to live.  

They noted use of their current security deposit (1 month rent) to cover Aug, however, once Sept is here, I will have nothing if they decide not to pay in full for Sept (they continuously note they plan to pay prorated for the days they will be there in Sept).  Very dicey scenario, and I feel they will end up not finding a place which suits their need while remaining at my place with no incentive to vacate (rental market in my area sees a high demand in tenants thus competition among tenants is high).  If my tenants are experiencing any financial woe (husband too is a seasonal employee and his job ends Oct 1), this will also add difficultly to their finding a new place. 

The property is in NC and I believe a SD may not be substituted for a rent payment.  Thus, given the 10 day window from time of late rent/ejectment notice (sent Aug 8), I am now within the window to start a summary ejectment.  

However, my concern is the time.  The ejectment process can take up to/over 30 days to complete if the tenants ride it to full term.  Additionally, though a PITA, they are immaculate in the tidiness/cleanliness of the property so it shows quite well now.  Concern is that if I start a summary ejectment, they may mess up the place downgrading its presentation.  Though, if I do nothing, I am at their mercy for when they actually leave.

Thoughts?

[Jon Holdman]

You should have started the eviction process near the beginning of August.  You should certainly start it ASAP.  Yes, they may wreck your place.  Its the risk you take in this business.  They're already stealing from you by living there without paying rent. They have already verified you're a weak landlord because you let them stay for August with no rent and no consequences.  Security deposit should NEVER be allowed to be used for anything except repairs after they've left.  Not rent.  

Start the eviction process today.