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Updated almost 5 years ago on . Most recent reply

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48
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Don Jackson
  • Software Dev/Investor
  • San Jose, CA
13
Votes |
48
Posts

Trying to evict, tenant got attorney, now suing me-North Carolina

Don Jackson
  • Software Dev/Investor
  • San Jose, CA
Posted
My SF property is in North Carolina - section 8. Tenant is always behind on rent, so the PM suggested we evict. I said yes. Lease was expired, so PM gave her 1 1/2 months notice to leave at end of January. She tried to pay February rent, but the PM refused saying that she is being evicted. She got an attorney and their offer was: We forgive all past rent/debt and pay her $2500. They are going to counter sue me. Turns out the lease automatically renews at the same low rent and the PM didn't notice. PM now is telling me: 1) I need to hire an attorney 2) I shouldn't contact the tenant's attorney because that would "muddy the water" I am fine if the tenant just pays rent and I can live with the low/under market rent for another year. I just can't afford to go without rent and continue paying mortgage. Right now I wish I wouldn't have agreed to evict. Any advice for me? Before I contact her attorney I want to get some feedback from the BP community. Thanks!

Most Popular Reply

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463
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488
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Charlotte Dunford
  • Investor
  • Johns Creek, GA
488
Votes |
463
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Charlotte Dunford
  • Investor
  • Johns Creek, GA
Replied

@Don Jackson The tenant owes you rent, you evict, period. Their attorney is using a scare tactic. Get yourself an attorney, NOT her attorney. They can only stop an eviction if she pays in full. Do not accept any payment from her that is not in full payment. If you accept a partial payment, that would muddy the water. You could work out something called a "consent order". This order lays out a payment plan. As soon as they miss that first payment, a default judgement happens and the eviction is completed and a done deal. This Consent order needs to be approved by a judge to be effective. Get yourself an attorney representing you, now. 

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