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Charlotte|Lake Norman – When can I get a writ of possession after a tenant appeals the eviction order?

November 11, 2024 by

More Info From Carolina Living Real Estate

QUESTION: I run a property management company, and we just won a summary ejectment case in front of our local magistrate. The tenant gave notice of appeal and I have received some information saying that I cannot get the tenant out until after the appeal is heard before a district court judge. How long will we have to wait and can’t I at least get some money for my client while we wait?

ANSWER: Congratulations on representing your landlord client successfully in court! The documents you received in the mail, following the tenant perfecting the appeal, were probably a copy of the order granting summary ejectment, the notice of appeal to district court, and the bond to stay execution on appeal of summary ejectment, which you can view here.

First, unlike the process in small claims court, an appeal to district court is a bit more formal. Generally, only attorneys or individuals appearing on their own behalf can appear in district court to argue the case. The district court will be more formal in receiving evidence by requiring the admission of documents and the formal examination of witnesses. Lastly, some counties do not automatically set the date for the appeal to be heard and an attorney or either the plaintiff or defendant will have to contact the trial court administrator and follow the local rules of court to request and set a date for hearing the appeal. While either party can request that the appeal be heard at the first session of court after the appeal is docketed, it can be quite some time before the court will have time to hear the matter.

In the meantime, if you read the fine print on the bond form you received, you will see that there are three requirements for a tenant to remain in possession pending the appeal. First, all defendants named in the summary ejectment action had to sign the bond and promise to pay rent to the clerk of court as it becomes due. Second, the defendants must pay the undisputed past-due rent to the clerk. Third, if there are more than five days left before the end of the rental period at the time the summary ejectment was ordered, the tenants will have to pay the prorated rent for the remainder of the month to the clerk.

Most importantly, the final paragraph on the bond form requires tenants to make payment of all future rents within the first five business days of each month. While the rent will be paid to the court, an attorney representing the landlord can make application for release of undisputed rents paid to the clerk pursuant to N.C.G.S. Section 42-34(e), found here. If the tenant fails to pay the rent by the end of the fifth business day each month, the landlord may request the clerk to issue the Writ of Possession Real Property form, linked here. If that writ is issued prior to the tenant making the monthly rental payment, the Sheriff can schedule the lockout. While the tenant will still have the right to argue the appeal, the issue of possession will no longer be pending, as the tenant failed to abide by the promises made under the bond.

© Copyright 2022 – 2024. North Carolina Association of REALTORS®, Inc.This article is intended solely for the benefit of NC REALTORS® members, who may reproduce and distribute it to other NC REALTORS® members and their clients, provided it is reproduced in its entirety without any change to its format or content, including disclaimer and copyright notice, and provided that any such reproduction is not intended for monetary gain. Any unauthorized reproduction, use or distribution is prohibited.

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Tenant Security Deposit Question and Answers

May 20, 2024 by

Q: What will happen to my security deposit if I vacate the property before the end of my lease?

A: In addition to any physical damage which you may have caused to his property, the landlord may also deduct from your security deposit any actual damages caused by your moving out of the property before the end of your lease term; however, they may not charge you a “termination fee” or impose any other penalty or forfeiture of deposit for your early termination and must use their best efforts to fill the vacancy as soon as possible. For example, your rent is $600 per month, and you move out of the landlord’s property two months before the end of your lease. If it takes the landlord one month to re-rent the property, $600 may be deducted from your security deposit as lost rent for the period during which the property was vacant. The landlord may also use the security deposit to recover any reasonable fees or commissions charged by a licensed broker to re-rent the property. NOTE: Unless previously agreed, the security deposit can NOT be applied to the last months’ rent!

Q: What will happen to my security deposit if, for some reason, I am unable to pay my rent?

A: If you fail to fulfill your obligations under the lease, including your obligation to pay rent, the landlord or agent may evict you from the property. The court proceeding is known as “summary ejectment.” In addition to having, you removed from the property, the landlord or agent may recover from you any unpaid rent, late fees, and, of course, the cost of repairing any physical damage which you may have caused to the property—but not damage due to ordinary wear and tear. In addition, if you leave behind any of your personal property (furniture, clothing, etc.), the landlord may also recover from you the cost of storing your property. If your security deposit will not cover the landlord’s damages for unpaid rent, physical damage to the property, and storage of your personal property, you will be liable for payment of any remaining costs. If a civil judgment is entered against you by the court, it could adversely affect your credit rating.

Charlotte | winston salem property management, charlotte property management

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How Does Foreclosure Affect Tenancy?

May 1, 2024 by

winston salem property management, charlotte property management

QUESTION:   I am a property manager. A tenant in a property I manage recently received a formal notice of a foreclosure sale. The tenant called me and said he is not going to pay next month’s rent. He also claims that because of the foreclosure, he is entitled to a refund of his entire security deposit. What should I do?

ANSWER:  Tenants in properties that are involved in foreclosure proceedings have certain legal protections under both state and federal laws that entitle them to either stay or leave, in certain circumstances.

Under North Carolina law, a tenant who resides in residential property having 15 dwelling units or less may terminate his or her lease after receiving what is known as a “notice of sale” issued by the foreclosing lender. To properly terminate the lease, the tenant must give written notice to the landlord (or the landlord’s agent) and the effective date of the termination may be no sooner than 10 days after the date of the notice of sale. Upon termination of a rental agreement in this manner, the tenant is liable for the rent due pursuant to the rental agreement, prorated to the effective date of the termination, payable at the time that would have been required by the terms of the rental agreement.  The security deposit would be handled in the same way you would handle any other security deposit as of the termination of the tenancy.

Unlike the North Carolina statute, which authorizes tenants to terminate a lease, a federal statute known as the “Protecting Tenants at Foreclosure Act” protects tenants who wish to stay in the leased premises. The statute forces the purchaser at a foreclosure sale to recognize an existing lease, as long as that lease is with a “bona fide tenant”. A tenant will be considered bona fide if he or she is not the owner of the premises (or a close family member), if the lease was the result of an arms-length transaction, and if the rent specified in the lease is not “substantially” less than fair market rent. There is an exception for a purchaser who buys a foreclosed property and will occupy the premises as a primary residence. That type of purchaser is permitted to terminate an existing lease but must provide the tenant with a 90-day notice to vacate.

The bottom line for your situation: the fact that a property is “in foreclosure” does not relieve the tenant from the obligation to pay rent as required by the lease, at least until that lease is properly terminated. You should provide the tenant with a copy of the statute (NCGS 42-45.2) and then wait to see if he provides written notice of termination.

© Copyright 2012 – 2024. North Carolina Association of REALTORS®, Inc.This article is intended solely for the benefit of NC REALTORS® members, who may reproduce and distribute it to other NC REALTORS® members and their clients, provided it is reproduced in its entirety without any change to its format or content, including disclaimer and copyright notice, and provided that any such reproduction is not intended for monetary gain. Any unauthorized reproduction, use or distribution is prohibited.

Filed Under: Property Management Tips

When can I get a writ of possession after a tenant appeals the eviction order?

January 31, 2024 by
Carolina Living Real Estate and Property Management

Build Wealth With the assistance of Carolina Living Real Estate

QUESTION: I run a property management company and we just won a summary ejectment case in front of our local magistrate. The tenant gave notice of appeal and I have received some information saying that I cannot get the tenant out until after the appeal is heard before a district court judge. How long will we have to wait and can’t I at least get some money for my client while we wait?

ANSWER: Congratulations on representing your landlord client successfully in court! The documents you received in the mail, following the tenant perfecting the appeal, were probably a copy of the order granting summary ejectment, the notice of appeal to district court, and the bond to stay execution on appeal of summary ejectment, which you can view here.

First, unlike the process in small claims court, an appeal to district court is a bit more formal. Generally, only attorneys or individuals appearing on their own behalf can appear in district court to argue the case. The district court will be more formal in receiving evidence by requiring the admission of documents and the formal examination of witnesses. Lastly, some counties do not automatically set the date for the appeal to be heard and an attorney or either the plaintiff or defendant will have to contact the trial court administrator and follow the local rules of court to request and set a date for hearing the appeal. While either party can request that the appeal be heard at the first session of court after the appeal is docketed, it can be quite some time before the court will have time to hear the matter.

In the meantime, if you read the fine print on the bond form you received, you will see that there are three requirements for a tenant to remain in possession pending the appeal. First, all defendants named in the summary ejectment action had to sign the bond and promise to pay rent to the clerk of court as it becomes due. Second, the defendants must pay the undisputed past-due rent to the clerk. Third, if there are more than five days left before the end of the rental period at the time the summary ejectment was ordered, the tenants will have to pay the prorated rent for the remainder of the month to the clerk.

Most importantly, the final paragraph on the bond form requires tenants to make payment of all future rents within the first five business days of each month. While the rent will be paid to the court, an attorney representing the landlord can make application for release of undisputed rents paid to the clerk pursuant to N.C.G.S. Section 42-34(e), found here. If the tenant fails to pay the rent by the end of the fifth business day each month, the landlord may request the clerk to issue the Writ of Possession Real Property form, linked here. If that writ is issued prior to the tenant making the monthly rental payment, the Sheriff can schedule the lockout. While the tenant will still have the right to argue the appeal, the issue of possession will no longer be pending, as the tenant failed to abide by the promises made under the bond.

© Copyright 2022 – 2024. North Carolina Association of REALTORS®, Inc.This article is intended solely for the benefit of NC REALTORS® members, who may reproduce and distribute it to other NC REALTORS® members and their clients, provided it is reproduced in its entirety without any change to its format or content, including disclaimer and copyright notice, and provided that any such reproduction is not intended for monetary gain. Any unauthorized reproduction, use or distribution is prohibited.

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Build Wealth with Income Properties around Charlotte

January 10, 2024 by
Carolina Living Real Estate and Property Management

Build Wealth With the assistance of Carolina Living Real Estate

We can help with finding the best opportunity in the best rental area.  We are experts in finding and managing income properties around Charlotte

Understanding How Home Equity Works and Why Buying a Home Can Be Your Best Investment

When delving into the world of real estate and investment property, there are many terms that will come up that require further explanation. Whether you’ve never heard the phrase ‘home equity’ before or you have a little familiarity, here are the ins and out of what it means and how this asset can help your financial outlook.

All About Home Equity

Essentially, home equity refers to your portion of the value of your home, and the amount of this figure is important because it is included among your assets when determining your net worth. If this sounds confusing, think of it this way: if you have completely paid off the cost of your home, the value of your home equity is this total amount. Of course, because most people seek a lender to borrow money from when they purchase a home, their home equity would consist of their down payment and whatever amount they’ve paid down on the mortgage since purchase.

An Example Of Home Equity

To provide further clarification, let’s use the example of a house that has been purchased for $300,000. In the case that a down payment of 20% has been provided at the time of purchase, the equity in the home would be $60,000. Since this amount is the percentage and cost of the house that’s been paid down, this is the amount of the house that is actually owned and this will be figured among an individual’s assets.

How Home Equity Works

As you pay the amount that you owe on your home each month, you are paying off your total debt and thereby increasing your equity. Since this amount of money is considered an asset that belongs to you, it can be used down the road to buy another home or invest in other important things like education or retirement. While paying off the amount owed on a home is a considerable investment, if the value of your home increases, this means that you’ll still owe the same on it but your home equity will have automatically increased.

As an asset that is part of your financial net worth and can be used down the road to fund other investments, home equity is a very useful term to know when it comes to purchasing a home. If you’re on the market for a home and are considering your options, you may want to contact one of our local real estate professionals for more information.

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5 Things You Should Not Put in Your Dishwasher

October 30, 2023 by

Information courtesy of a great Company.  Maids.com

Washing dishes is a real pain, which is why automatic dishwashers are one of the most helpful kitchen appliances. If you read our blog, you know your dishwasher can clean much more than dishes, pots, and pans. From sanitizing baby toys to cleaning light fixtures, a dishwasher gets the job done and may leave you asking, “What is not dishwasher safe?” But have you ever thought about what not to put in a dishwasher? Unfortunately, your favorite multi-tasking kitchen appliance can only do so much, so we’ve compiled a list of things to definitely put on the “hand-wash only” list in your home below.

What Shouldn’t You Put In the Dishwasher?

  1. Acrylic Or Plastic Dishes

Plastic, acrylic, and melamine dishware typically have bright colors and unique patterns that bring a festive touch to any meal. This popular dishware is lightweight and highly durable but, unfortunately, often not dishwasher safe. The hot water, drying temperatures, and dishwasher detergent can be too harsh for plastic dishes. After repeated washes in the dishwasher, many melamine and acrylic dishes can crack, fade, and even break. While many plastic insulated tumblers are labeled dishwasher safe, it’s best to wash these items by hand. The high temperatures and abrasive detergent in your dishwasher can cause plastic tumblers to crack and fade. If they are washed in the dishwasher too often, the heat can cause the thermal seal to fail, making the tumbler useless. Plastic dishes, glasses, or utensils should be at the top of your list of what not to put in a dishwasher.

  1. Knives And Other Sharp-Edged Tools

Knives are often in the mix when people ask what can and can’t go in the dishwasher. Let’s set the record straight —kitchen knives and other sharp-edged tools should never be washed in your dishwasher. Dishwasher detergent can dull the cutting edge, leading to the need for more frequent sharpening—and a shorter life for your cutlery. The heat of the drying and washing cycles can cause knife handles to loosen or crack. To keep your cutlery sharp and long-lasting, wash it by hand. Hot, soapy water will usually get the job done, but use caution handling the sharp blades. Rinse the knives with warm water after washing and hand dry them with a microfiber cloth to prevent lint. Once dry, store your cutlery properly. If you choose to wash some of your cheaper knives through the dishwasher, load them properly to prevent accidents.

  1. Cast Iron, Carbon Steel, And Nonstick Cookware

The proper way to keep food from sticking and the iron from rusting is to season cast iron cookware with oil each time you wash it. The oil seeps into the iron, creating a protective coating against corrosion and an ideal cooking surface. When you wash a cast iron pot in the dishwasher, the detergent and hot water strip away the oil. To keep your cast iron cookware at its best, wash by hand with hot, soapy water, rinse, and dry. Carbon steel pots and pans give you many of the benefits of cast iron and stainless steel, but they aren’t dishwasher safe. Like cast iron, carbon steel should be seasoned for optimal performance and longevity and it can be cleaned with soap and water. If you have stuck-on food, you can boil water in the pot to loosen it and use coarse salt to scrub away the rest. Most nonstick cookware is labeled dishwasher safe, but you can get better performance and longer life for your nonstick pans by hand washing them. Even high-end cookware with a nonstick surface can take a beating from the high temperatures and detergents. The harsh conditions in your dishwasher could cause nonstick coatings to scratch or chip, and that’s often the beginning of the end.

  1. Delicate Glassware And Fine China

Fine china and crystal are beautiful and elegant, but they are fragile and absolutely not dishwasher safe! Harsh detergents and hot water can wreak havoc on delicate dishes and serve ware, and all that turbulence can cause chips and breakage. Even hardy lead crystal can become cloudy and etched if washed in a dishwasher. To protect china or porcelain heirlooms or your favorite crystal wine glasses, handwashing is the way to go.

  1. Wooden Spoons, Bowls, And Cutting Boards

The high temperatures and detergents in your dishwasher will strip the natural oils from wooden utensils, dishes, and cutting boards. The natural oils in these items provide moisture, and without them, wooden items will crack and even fall apart. The resulting cracks can also create the perfect environment for mold and bacteria to grow. If you want to keep your wooden cutting boards and utensils food-safe and performing their best, always hand wash them. Warm water and dish soap are usually enough to clean wooden dishes and other items but don’t let the things soak, or the wood could swell and warp. To disinfect your wooden utensils, scrub the wood with lemon juice and baking soda, then wash and dry.

Save on Maintenance by Caring and Cleaning Your Dishwasher

If you’ve been washing some of these items in your dishwasher for years, it’s not too late to change your ways to spare your dishes (and appliance) any further damage! You can still keep your finest dishes and best kitchen utensils clean, and you’ll help them look, last, and perform their best. Regularly cleaning your dishwasher and following the manufacturer’s best practices should give you years of service. Not only will a well-maintained dishwasher churn out clean dishes day after day, but it can also help you with other household cleaning. And if your dishwasher features a sanitizing setting, it makes for a pretty handy disinfecting tool.

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Carolina Living Gives You A Refresher On NC Residential Rental Agreements Act

May 10, 2023 by

In general, the lease agreement between a landlord and tenant establishes the guidelines of their relationship. However, the following items listed in the North Carolina Residential Rental Agreement Act take president over the terms that may be included in a lease.

What the Landlord Is Required to Do

  • Maintain facilities
  • Comply with building codes
  • Keep common areas safe
  • Keep premises in safe and habitable condition

What the Tenant Is Required to Do

  • Keep the occupied premises clean and safe
  • Dispose of trash and waste in a safe manner
  • Keep plumbing fixtures clean
  • Not deliberately or negligently cause damage to the premises or tamper with smoke detectors
  • Comply with applicable building codes
  • Be responsible for damage inside the premises
  • Notify the landlord of issues with the smoke detectors
  • Pay rent according to the terms of the lease and pay a late payment fee when late

What Happens If a Dispute Arises?

  • Withhold rent or pay a reduced rent to cover the cost of repairs if agreed upon by both parties
  • Abandonment of lease if the procedures outlined in the lease agreement are followed
  • Early termination by military personnel if there is a hardship
  • Small claims court if the landlord and tenant cannot settle their differences on their own
  • Eviction by court order through a process called summary ejectment

The act also covers security deposits, a landlord’s obligations during the lease and at the end of the lease, and issues related to normal wear and tear.

 

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Charlotte|Winston Salem Investors: Is It Covered?

May 3, 2023 by

I have a great resource I use and refer whose website is:  National Real Estate Insurance Group

They have lots of great resources, one of which explains various ‘Is it Covered‘ scenarios.  There are several valuable areas such as:

  • Loss of Rents
  • Garages, fences etc.
  • Theft
  • Sewar Back Up
  • Mold Mildew
  • Tenant Damage…and so many more!

These are important items when thinking of owning investment property.   We can help you with all aspects of your investment, whether renting, buying  or selling.

If you are thinking of selling an asset please visit: www.Robyrobertson.com

For other needs, buying or renting, please contact me here!

 

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Why Right Now is a Great Time to Buy a Home

March 22, 2023 by

Buying a home is one of the most exciting parts of life. This is when you get to pick where you’re going to live for a long while and where you’ll get to entertain and show off for guests and loved ones. 

 The housing market has been a wild mess for the last couple of years, leaving many to assume that it’s still sky-high and unattainable: but now is the best time to buy a home since mid-2020.

These are the top reasons now it’s the best time to buy a property and what to look for!

Home Prices Are Falling

Home prices were reaching terrifying heights through 2021 and 2022, and they’re finally dropping and slowing down. Nobody wants to pay double what a house is worth, and a hot market like that makes it impossible to slow down and look at everything a property has to offer.

Thankfully, since prices have slowed down, more people can afford a great home! This means looking at whether or not you like the manufactured stone veneer instead of just making an offer the moment you see it’s on the market.

Prices are expected to continue dropping, but there’s no way to be sure if they’ll continue to do so through the next year. This is the time to stop and shop seriously.

Start Building Your Equity

The first five to ten years of your home payments are simply paying off how much interest you owe. After that, you begin building equity into your investment. Building equity means you can sell and make a profit, or you could get a loan against your equity and use it to repair or update your home down the line.

The important thing to remember is that the sooner you build your equity, the better off you’re going to be in the long term.

Save Money on Energy Costs

Many of the homes on the market right now are updated with great HVAC systems and smart thermostats! This is so much better than you could find in many apartments or rentals, where heating and cooling bills can be horrible for anyone to deal with. Instead, you can save money and focus on other parts of your property.

If your new home doesn’t already have a smart thermostat, this is an awesome tool you can put in later and still get the same perks. These are one of the best parts of a modern home since they let you heat or cool on a timer and control it from anywhere.

You can push this perk further by pairing it with great polyiso exterior wall insulation and ensuring the house soffit and fascia are as well sealed as possible.

Home Repairs Are Finally Affordable

In 2020 when the pandemic originally hit, the market screeched to a halt, and the industries that create building materials froze along with it. This created an immediate shortage of materials, and the prices never fully recovered until recently. Building materials, labor, and repairs are finally becoming affordable to the average person.

This price leveling means that more people can afford to fix up a home with fun perks like composite patio pavers after they’ve bought it instead of fearing a huge price tag for repairs right after dropping tons of money on an imperfect property.

More Options On the Market

There are tons of options on the market that weren’t there a year ago! In January 2022, many homes were off the market within a week, and most had an offer within the first three to five days. This made it almost impossible for some people to get their foot in the door, and many put in countless offers but were unable to snatch any home up, much less one they actually wanted.

Now that the market has slowed down, buyers are able to find far more options they couldn’t grab otherwise! This means there are tons of other options, from houses with more space to those in unique styles that were hard to get hands-on with just a year ago.

The Chance to Create a Place of your Own

Making your own home-sweet-home is a big step that can save you from a lot of drama and stress that comes from renting. You can put nails in the walls, paint, redecorate, change major parts of the property, and know that it’s yours and you’re safe to depend on it. 

This is especially important for your couples or those starting a family that wants to put their own prints on something. There’s nothing as special for families as getting to grow up in one single place together. Although you can still get this with apartments, there’s stability that can only come from owning a home.

This Is The Time to Buy!

Whether you’re buying a home as an investment you can sell in ten years or you’re trying to start a family, it’s important to know now’s the time to get going! Consider getting into the market and grabbing the home of your dreams before it’s gone.

Max Shafer is a freelance writer that loves sharing his knowledge and expertise on real estate. He lives in Land O’ Lakes, Florida where he enjoys spending time with his wife and researching real estate trends in his free time. Max’s work as a freelance writer can be found on Building Product Advisor, a new construction industry resource.

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Built-for-Rent Single-Family Housing Forecast

February 5, 2023 by
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