Question about eviction

My step-daughter's landlord will be taking out papers on her tomorrow for nonpayment of her rent. Can anyone tell me how long it will take until she is actually kicked out? Her husband is waiting on one more W2 so they can file for their refund. I am just wondering if they will get it in time to get another place? Or will they be out on the street? Thank for the help in advance.

 

I don't know, but if they will have the refund shortly, why not talk to the landlord and see if arrangements can be made to pay him when the money is refunded? I would think he would rather have the money than to have to go through the eviction.

 

They are already two months behind, and are tearing the place up, and the landlord knows it. Also, apparently, they had some kind of argument over the rent. The landlord wants them out. I don't blame her(the landlord)

 

Here's a pretty good link that summarizes the process:

http://www.rentlaw.com/eviction/nceviction.htm

But, feel free to call the Sheriff's Office during normal working hours for the county involved and ask for an Evictions Sergeant or Deputy, and they will be glad to talk to you.

 

Thanks Kent I had read that already, but was hoping for some real world experience here in Johnston County. The link tells you the process, but not how long it takes. How long for a court date after papers are filed, how long after the court date before the sheriff's office is knocking on the door. I will try calling the sheriff's office tomorrow to see what they can tell me.

 

The court dates are assigned by the Clerk of Court. Call them, also.

The Deputy will serve/post the Summary Ejectments pretty quick after they are received at the Sheriff's Office.

We have to serve them at least 2 days before the court date.

 

Thanks again, Kent

 

Eviction

Short answer is they have 15 to 30 more days, max. On a personal note....I'd be prepared to open up a can of tough love since they are not only not paying bills, but trashing the place.

 

Go over there and kick her ***.

 

I knew someone that went through that in Wake county years ago, but I believe it's 30 days! Sorry you guys are dealing with their mess.

 

Johnston County is scheduling summary ejectment dates about 2 weeks out right now. Therefore, if the landlord called today for a date, they would be served for appearance on that date. In Johnston County, I believe there is only one magistrate and you go to his office out behind the courthouse. He will award possession and give 10 days to get out. In reality, though, to truly execute a writ of possession, you then have to file THAt with the court and it may tqake the Johnston County deputy a couple of more days to physically meet the landlord at the home for a lockout.

I'd also say close to 30 days if he initiated right now.

 

If they're tearing up the place and the landlord knows it, then getting caught up on the rent probably won't make a difference. At least it wouldn't if I was the landlord.

 

My mother went through this in VA, she had to give them 30 days notice and got a judgment. Of course she never saw a dime, but she got them out of her townhouse. Scumbags.

 

He does legally have to let them caught up until he actually files the eviction, but he could always evict for the destruction of property as well.

 

Thank you all so much for the answers. I hope they get their money before it goes down. I don't want this to become my problem! I do feel sorry for the kids. They have had such a rough life!

 

I feel for the landlord, he/she will be the one that has to repair what they wreck. Why would they tear up the place if they aren't able to pay the rent? Is it the landlord's fault they can't pay the rent?

 

I feel for her too. The possibility of my house being torn up kept me from renting my house out when my hubby and I first married and we had two. Some people are like that though, have no respect for other people or their property. This is my husband's only child. I hate that she turned out this way. The way she is is why there is no way I will have her and her family living in my house!

 

we evicted tenants in clayton a few years back. after we filed the papers it was afew weeks until we went to the magistrate's office in downtown clayton. after that they had 10 days to get out. we were told that if they were not out on day 10 to call and the sheriff's office would take their stuff out to the street.

 

I'm sorry you guys are dealing with this again. (((hugs)))

 

Thanks Sheri!