How do I properly evict tenants for non-payment of rent?

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How do I properly evict tenants for non-payment of rent?

I made a mistake of not servicing the tenants with a letter stating that they must pay or move out in 10 days before filing summary ejectment and Magistrate summons. So at the hearing today the Magistrate dismissed the case. Can I re-file?

Asked on October 14, 2010 under Real Estate Law, North Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Yes, of course you can refile.  You were dismissed based upon your failure to follow proper procedures.  That is what is known as a "technicality."  It was not a dismissal after a hearing on the merits of the case which would have been trouble for you.  Now, I would strongly suggest that you get some help with all of this.  Unless North Carolina law is very different than the other States, you can not serve a "letter" on your tenants.  You have to serve a "notice" and there are different types of notices under state laws: 3 day; 30 day - whatever - depending on the situation you are in. They vary for failure to pay rent or for holdover proceedings or for termination of month to month tenancies, etc.  And serving the notice properly is very important to your case as well. You don't need them constantly dismissed.  Good luck.

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Yes, of course you can refile.  You were dismissed based upon your failure to follow proper procedures.  That is what is known as a "technicality."  It was not a dismissal after a hearing on the merits of the case which would have been trouble for you.  Now, I would strongly suggest that you get some help with all of this.  Unless North Carolina law is very different than the other States, you can not serve a "letter" on your tenants.  You have to serve a "notice" and there are different types of notices under state laws: 3 day; 30 day - whatever - depending on the situation you are in. They vary for failure to pay rent or for holdover proceedings or for termination of month to month tenancies, etc.  And serving the notice properly is very important to your case as well. You don't need them constantly dismissed.  Good luck.


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