Hired 3 attorneys and still can't evict my tenant

[Account Closed]

Hi, 

I am experiencing a horrible issue with evicting my tenant who refuses to pay rent and has not paid rent in almost 7 months and used legal aid to withhold rent.

I sent an order to evict my tenant for non payment of rent in August 2019 and I asked for my keys since she was consecutively late. When I did serve her she showed up in court with legal aid suing me for being an unfair debt collector by charging over 5% of the rent.

Themagistrate sided with the tenant, said that I owed her $2,250 in rent and offset her rent owed to me which left me paying her $576. I appealed the decision.

As I was retaining my attorney my tenant destroyed my property after court causing $855 in water damages by using maxi pads and flushing them down the toilet.

While on appeal legal aid asked for a discovery which delayed another 30 days. Court was pushed back from 10-18-19 to 11-18-19. Legal aid filed for a continuance which pushed the court date to 1-6-2020.

In November I hired a 2nd attorney and explained my case and they advised that since she did not pay October and November that is a separate breach and I could evict her again. I paid his fee and we filed the eviction. While we were at court legal aid said there was a pending case for the same parties in a higher Court and requested that my 2nd attempt to be dismissed. The magistrate sided with legal aid. We appealed it.

Both of my attorneys went to court on 12-20-19 for summary judgement because at this point it was 4 months since this person has not paid rent and using legal aid to do so.

One summary was denied but another was granted for imposing a rent bond. That was signed off by the judge on 12-30-2019 and it was ordered that she pay the bond by 12-27-2019. She never paid it.

I have an order for a rent bond for the month of December 2019 and the tenant did not pay the bond for December and January. Legal aid said that the judge did not have a right to impose the bond and the only option for her is to go to jail if she does not pay and you can't put someone in jail for a civil matter.

We went to court on 1-3-2020 for summary judgement to a judge for the 2nd breach and the judge dismissed our case but it was continued on 1-13-2020.

Our unfair debt collector case was heard on 1-6-2020 and the judge heard all of the testimony and awarded the tenant $1,500 in damages and awarded me $7,295 in rent. That only covered rent up to the day of court. 

Legal aid said that I am not entitled to possession because I did not check the box that stated I was demanding possession so the judge sided with legal aid and did not grant me possession.

This tenant has lived in my property for 9 months and has only paid 3 months rent. In 10 days it will be 7 months that she is behind in rent and legal aid told the judge that I need to file another eviction for possession.

We went before another judge on 1-16-2020 and he would be the 5th judge on this case. Legal aid disputed every fact that was tried before him. The judge said that he would have to go through the entire motions, case laws, and then make a ruling. He is a new judge in civil matters. To date I have not received his judgement. 

It should not be this hard to get someone out of your property who broke the lease by not paying, is a hold over tenant, damaging the property and still will not leave.

Again this is almost month 7 in which this woman and her 6 + guests who are living in this property (tenant + 3 children on the lease and she has 5 other people living in the property who are not on the lease which I've confirmed) to be evicted.

I had to hire a 3rd attorney on Friday 1-17-2020 regarding my case.

The unfortunate part is NC is making people like me sell property or not rent property to lower income people who don't make 3-4 times the rent due to the laws that are set in place.

If people like me decide to rent out our homes we are forced to hire management companies who have the same requirements as apartment complexes and no affordable housing will be available for lower income people.

Thanks to the magistrates and the judge's who are dismissing cases like mine and are the exact reasons why rent has significantly increased and incomes don't meet the housing shortage.

To date I have spent over $8,000 in legal fees and I still do not have possession. Legal aid said I need to file another summary ejectment. I sent a 10 day letter and the tenant refused to sign the certified mail but I had it taped to the door in case this exact thing happened. 

I have emailed our NC State legislatives regarding my case and I still don't have an answer. 

Here are the facts for this case:

Late Fee was deemed a violation of NC and plaintiff was fined $500.00 per every late fee assessed. (Total of $1,500.00) I actually charged the 5% late fee but it was written wrong in the lease and I was fined $500 per late fee assessed by the judge. 

Tenant has NOT paid since 08/01/2019.

Tenant used legal aid for services and legal aid has NOT advised their client to pay rent and is doing all they can to keep possession with the defendant.

Plaintiff terminated the lease as of 08/16/2019 and tenant refused to leave.

Plaintiff terminated the lease again as of 11/18/2019 and tenant refused to leave.

Defendant was ordered to pay the rent bond as of December in the amount of $1,395.00 and has not paid.

Defendant was ordered to pay the rent bond as of January 2020 in the amount of $1395.00 and has not paid

Case was heard in front of 5 Judges

Plaintiff (pending) filing a 4th summary ejectment the week of 01/28/2020

• The facts are the tenant has NOT paid rent and I keep doing what the court asks me to do and the court is allowing her to stay in the property without paying which is illegal.

Can anyone give me any sound advise on my case? All of my attorneys said they have never seen a case like mine before and I'm thinking this is the new normal here in Mecklenburg county. 

[Justin Abdilla]

Originally posted by @Account Closed:

Hi, 

I am experiencing a horrible issue with evicting my tenant who refuses to pay rent and has not paid rent in almost 7 months and used legal aid to withhold rent.

1) I sent an order to evict my tenant for non payment of rent in August 2019 and I asked for my keys since she was consecutively late. When I did serve her she showed up in court with legal aid suing me for being an unfair debt collector by charging over 5% of the rent.

Landlords are deemed to be debt collectors under some state laws and this seems pretty reasonable as a fine if you ran afoul of those state laws.  The American legal system does not place a moral judgment on those that breach contract, and you're not allowed to treat people like criminals for breaking a contract.

2) As I was retaining my attorney my tenant destroyed my property after court causing $855 in water damages by using maxi pads and flushing them down the toilet.

This does not seem a proximate cause.  To show liability, one must show that the actions of the party against whom judgment is sought are the direct and proximate cause of your injury.  $855 in water damages sounds like a clog, not a burst pipe or anything truly malicious that you can easily approximate the cause to your tenant.  This one feels like a sunk cost to me as ordinary wear and tear.

3) While on appeal legal aid asked for a discovery which delayed another 30 days. Court was pushed back from 10-18-19 to 11-18-19. Legal aid filed for a continuance which pushed the court date to 1-6-2020.

Your tenant has an absolute right to this discovery in civil procedure.

4) In November I hired a 2nd attorney and explained my case and they advised that since she did not pay October and November that is a separate breach and I could evict her again. I paid his fee and we filed the eviction. While we were at court legal aid said there was a pending case for the same parties in a higher Court and requested that my 2nd attempt to be dismissed. The magistrate sided with legal aid. We appealed it.

This is also a correct ruling. This is a lack of subject matter jurisdiction as the same controversy is pending between the same parties in another court.

5) One summary was denied but another was granted for imposing a rent bond. That was signed off by the judge on 12-30-2019 and it was ordered that she pay the bond by 12-27-2019. She never paid it.

5a) I have an order for a rent bond for the month of December 2019 and the tenant did not pay the bond for December and January. Legal aid said that the judge did not have a right to impose the bond and the only option for her is to go to jail if she does not pay and you can't put someone in jail for a civil matter.

She won't go to jail for not paying a rent bond, but she should be divested of possession when she fails to secure the in rem property with the bond pending adjudication.  The bond is a condition of her retaining possession of the property not a court fine.

6) Our unfair debt collector case was heard on 1-6-2020 and the judge heard all of the testimony and awarded the tenant $1,500 in damages and awarded me $7,295 in rent. That only covered rent up to the day of court.

That seems like a reasonable ruling.  You both did things that were incorrect and there should be a set-off.  The lost-rent through eviction should be done with either an amended judgment or should have been prospectively requested when you calculated her out day.

7) Legal aid said that I am not entitled to possession because I did not check the box that stated I was demanding possession so the judge sided with legal aid and did not grant me possession.

Well, you didn't demand possession.  Why should the judge award you possession in a case in which you didn't ask for it?

___

You might have hired several lawyers, but whoever worked on this case did a terrible job.  I think if I treated my clients like this, I would get a bar complaint.

It also sounds like you filed your own complaint.  Whenever my client wants to file the complaint herself, I know the case is going to be difficult because the complaint is the only "magic words" document in law.  If you didn't use the right words, you can't be given the thing you want.  I'm sorry to be so harsh with you, but this seems like you're furious at your tenant for asserting her rights as a party to litigation, and that approach will get you nowhere.