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Learning Guide to the Eviction Process in Minnesota

Learning Guide to the Eviction Process in Minnesota

  • Posted: Dec 28, 2018
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Guide to the Eviction Process in Minnesota

An eviction action (known as Unlawful Detainer) is a court action in which a landlord asks to recover possession of the apartment or rental home from a tenant. A landlord must follow the proper legal process, and may not forcibly remove the tenant, exclude the tenant from entering the building or rental unit, change the locks, or shut off the utilities. The following information was generously provided by NationalEvictions.com

You will find on our website more information for Landlords for Filing and Tenants for Defending an Eviction.

 

Most common reasons for filing an eviction:

A. Nonpayment of Rent
What happens when the tenant renting your Minneapolis apartment stops paying the rent? You may file an eviction action against the tenant for failing to pay the rent when it was due. However, the tenant may stop the eviction (called “redeeming the tenancy”) by paying past due rent, costs of the eviction action (including the court filing fee), and other requirements under the lease.

B. Lease Violations
What happens when the tenant renting your St. Paul duplex violates one of the terms of your lease? The lease must contain a “right of re-entry” or eviction clause for the landlord to evict a tenant for a material breach of the lease (except for nonpayment of rent and statutory violations). This clause gives the landlord a right to evict the tenant for violating lease provisions like disturbing other residents, causing damage to the property, unauthorized persons living on the property, or unauthorized pets.

A landlord may evict a tenant who engages in the following illegal activities prohibited by MN statute:

  • Unlawful controlled substances in the premises or common area
  • Unlawful use or possession of a firearm
  • Stolen property in the premises or common area
  • Prostitution
  • Criminal gang activity

C. Tenant Remains in the Apartment or Rental Home After Getting a Notice to Vacate (holding over)
A holdover tenant is one whose lease has expired, or where proper notice to vacate was given, but the tenant remains in the rental unit without the landlord’s consent.

 

Eviction Action Procedure

It is important to serve the tenants properly when moving forward with an eviction action on tenants living in Minneapolis, St Paul, or Minnesota rental properties. Without proper service, the court will lack jurisdiction and the landlord may have to start over or ask the court to reissue the summons.

1. File the Complaint, Including:

  • The full name and date of birth of the tenant(s), unless not known.
  • Naming each adult resident whether or not named in the lease (use “John Doe” or “Jane Doe” if necessary).
  • Full address of the rental property for which you are trying to regain possession.
  • Facts which explain the reason for the eviction.
  • Request to recover the property (re-gain possession).

The complaint may be signed by the property owner, attorney for the property owner (an attorney may be required if the property owner is a corporation), the person entitled to possession of the property, or an agent designated by the property owner (the agent must file a “Power of Authority in Eviction Action” with the court at the time of filing the complaint.

2. Get a Summons from the Court
The court will issue you a summons, which is a written notice that informs the defendant (the tenant in this situation) that a legal action has been filed and will be heard on a specific day. You must serve the summons at least 7 days before the court date as required by MN statute, and proof of service must be filed with the court in accordance with local court rules.  – Finding Process Servers for Service of the Summons and Complaint Court Paperwork from our Directory of Process Servers on NationalEvictions.com

The Landlord Must Show Compliance with Minnesota Statute 504B.181

  • Disclose in writing to the tenant and post in a conspicuous (easily noticeable) place on the premises the name and address of the person authorized to manage the premises (that is probably you, the landlord) and the landlord or agent authorized to accept service of process and receive and give receipt for notices and demands. OR
  • Tenant must have been aware of this information at least 30 days prior to filing the action.
  • The landlord must bring a copy of the complaint for each tenant and pay the court filing fee.

3. Serve the Summons and Complaint to the Tenant
Properly serving the tenant is critical. If the landlord doesn’t serve the renter properly, the court will lack jurisdiction and the landlord may have to start over or ask the court to reissue the Summons. The following is the proper way in which to serve the summons and complaint:

Personal Service

  • Must be served by a person NOT NAMED a party in the action.
  • Must NOT be served on a Sunday or legal holiday.
  • If personal service is unsuccessful, you may try:

Substitute Service
If the tenant cannot be found in the county, service can be made on a person of suitable age and discretion who lives with the tenant. If personal or substitute service was successful, the process server (the one who served the summons and complaint) files a notarized Affidavit of Service with the court. If personal or substitute service was unsuccessful (service on the tenant was attempted twice, on different days, with at least one of the attempts made between the hours of 6:00 pm – 10:00 pm, you can try ‘Mail and Post.’

Mail and Post
With Mail and Post, the summons and complaint are mailed to the tenant’s last known address and posted at the premises (e.g. posted on the door). This procedure requires the preparation of affidavits, court filings of the affidavits, mailing, and posting in proper order. Failure to do the steps and filings in the correct order can result in a case getting dismissed.

  • The Summons and Complaint are mailed to the renter’s last known address.
  • The process server signs a notarized Affidavit of Not Found.
  • The landlord or landlord’s attorney or agent completes notarized copies of the Affidavit of Plaintiff and Affidavit of Service by Mail.
  • The Affidavit of Not Found, Affidavit of Plaintiff, and Affidavit of Service by Mail are filed with the court.
  • The Summons and Complaint are posted on the premises at least 7 days before the court date.
  • The Affidavit of Service by Posting is completed and filed with the court.

4. Eviction Trial
At trial, the burden is on the landlord to show that he or she is entitled to regain possession of the premises. Proof is often shown through the use of witnesses with firsthand information, photographs, landlord testimony, and documents like the lease, payment records, and correspondence with the tenant.

Common Defenses Used By Tenants

  • Procedural Defenses – Landlord executed service improperly and/or completed the forms improperly.
  • Habitability Defenses – Landlord failed to make repairs or comply with the covenants of habitability.
  • Retaliation Defenses – Landlord took action in retaliation of tenant’s exercise of legal rights.
  • Waiver of Eviction by Rent Acceptance – Landlord accepted rent payment after eviction action was filed without a written agreement.
  • Trade Name Not Registered – Business operating under an assumed trade name not registered with the Secretary of State.
  • No “Right of Reentry Clause – Eviction action filed for a lease violation, but there was no “Right of Reentry” clause in the lease.

5. Notice of Eviction
If the landlord prevails at trial, a Writ of Recovery of Premises and Order to Vacate may be requested by the landlord for a fee. The sheriff must service the notice upon the tenant who then has 24 hours to vacate the premises. The court may suspend the issuance of the writ for up to 7 days upon showing by the tenant that immediate vacation of the premises would impose a substantial hardship.

If the tenant fails to comply with the demand to vacate the premises, the landlord must schedule a move-out date with the sheriff and notify the tenant of the time scheduled with the sheriff. The landlord may store the tenant’s personal property on the premises or use a licensed and bonded moving company to remove and store at another location.

Many times Taking a Tenant can be complicated for any property Owner. If you wish to hire an Attorney to take care of an Eviction – Find Law Firms on our Directory on NationalEvictions.com

 

 

 

 

 

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Seattle Mariners have pledged $3 million for a new effort to prevent low-income renters facing evictions

Seattle Mariners have pledged $3 million for a new effort to prevent low-income renters facing evictions

  • Posted: Dec 22, 2018
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Home Run, Seattle Mariners have pledged $3 million for a new effort to prevent low-income renters facing eviction from falling into homelessness.

The Seattle Times’ Project Homeless is funded by BECU, The Bill & Melinda Gates Foundation, Campion Foundation, the Paul G. Allen Family Foundation, Raikes Foundation, Schultz Family Foundation, Seattle Foundation, Seattle Mariners, Starbucks and the University of Washington. The Seattle Times maintains editorial control over Project Homeless content.

The partners estimate they could help as many as 4,000 people.

 

The move follows a September report by the Seattle Women’s Commission and KCBA revealing that more than half of Seattle renters who were hit with evictions notices in 2017 owed one month’s rent or less, or a median cost of $1,250. The report found that many who were eventually evicted ended up homeless.

The investment by Mariners, who are a funder of The Seattle Times Project Homeless, also comes amid increasing calls on the private sector for a stronger response to the region’s homelessness crisis.

Fred Rivera, the Mariners’ executive vice-president and general counsel, said the team has been on the lookout for opportunities to address the region’s ongoing homelessness crisis in an innovative way. After reading a draft of the evictions report, Rivera, who sits on the boards of both the KCBA’s charitable foundation and United Way, contacted both organizations to talk about how they could partner to address the problem.

“I was shocked and surprised by it,” Rivera said Friday. “When you look at the costs related to homelessness, the amount of money that people were in arrears is a really small amount.”

Working with the United Way and KCBA, the team designed a program patterned after initiatives in New York City that provide funding for people who can no longer pay their rent and facilitate mediation with landlords. Advocates say that even if a person has to vacate an apartment, mediation can help renters avoid a blight on their credit record, which could make it hard to find housing in the future.

“I think this is a good step toward addressing the eviction crisis,” said Xochitl Maykovich, Seattle Women’s Commission co-chair and one of the lead authors of the evictions report. “I do want to emphasize that lack of resources is not the only problem for tenants facing eviction. We need City Council members and state legislators to take action to reform our archaic and inhumane eviction process.”

 

Lauren McGowan, United Way senior director, said Home Base will create a “one-stop shop” for people facing evictions.

“If we’re really going to make headway on this issue, prevention is a way to do it,” she said. “We’re going to try to halt whatever is about to happen and keep people inside if we can. But if they are already evicted, we need to get them to homelessness system.”

The Mariners’ contribution will pay for the first year of the initiative. McGowan said the partners will look for additional funding to keep the initiative going.

written by: Vernal Coleman: 206-464-3304 or vcoleman@seattletimes.com; on Twitter: @VernalColeman.
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High eviction rates, in Wisconsin, are getting statewide attention.

High eviction rates, in Wisconsin, are getting statewide attention.

  • Posted: Dec 22, 2018
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High eviction rates, particularly in southeast Wisconsin, are getting statewide attention.

 

The Wisconsin Policy Forum has issued two reports, one looking at the issue statewide and another taking a closer look at evictions in Milwaukee, with proposals for solutions.

Meanwhile in Racine, Continuum of Care, a countywide umbrella organization that works with several homeless aid and prevention groups, has been collaborating with area partners to develop a strategy for addressing evictions and helping people find stable housing. This follows a four-day series The Journal Times ran in July on evictions in Racine.

NationalEvictions.com – Information for Landlords and Tenants on Evictions. Defending them and Filing them. Read and learn your rights!

A complicated picture

In its statewide analysis of evictions, the Policy Forum came to several findings. For example, while many equate eviction rates with poverty, the Policy Forum found the out of the state’s top 10 counties for highest eviction rates, “half had poverty rates above the statewide average and half below.”

In September, the Policy Forum analyzed rent burden, which is when rent takes up more 30 percent of a household’s income, across the state. It found that Racine County, which has the highest eviction rate, was only seventh in the state for percentage of the population that is rent-burdened.

 Racine isn’t the most rent-burdened county in the state, but it’s close

In its eviction analysis, the Policy Forum found no direct correlation between rent burden and eviction rates statewide. In fact, only four counties had both eviction and rent burden rates above statewide averages: Racine, Kenosha, Milwaukee and Rock counties.

One hypothesis for why some counties with a high percentage of rent-burdened households did not have eviction rates was because they had large student populations, such as in Dane, Eau Claire and La Crosse counties.

While La Crosse’s eviction rate is not as high as other counties, a recent La Crosse Tribune report investigated why the eviction rate has increased by 40 percent since 2012. Stephanie Gohres, lead case manager at The Salvation Army in La Crosse, attributes the increase in evictions to lack of affordable housing and Downtown revitalization projects that price families out of their homes through an increase in rent. The organization helped 50 households to avoid eviction through budget counseling and financial aid in the past year, Gohres said.

 




Milwaukee

Milwaukee was the setting of the Pulitzer Prize-winning book “Evicted” by Matthew Desmond, the founder of The Eviction Lab. Although “Evicted” was published in 2016, Desmond told a Milwaukee media outlet in May that the crisis “remains unchanged.”

The Policy Forum facilitated five meetings with stakeholders — organizations that assist households to prevent or recover from evictions — to study the extent of the problem and propose solutions to promote housing stability.

While Milwaukee and Milwaukee County’s eviction rates are not as high per capita as Racine’s, they do evict the highest number of people in the state. They are also, of course, the most populated county and municipality in the state. According to the Eviction Lab’s data, the City of Milwaukee issued 5,687 evictions and Milwaukee County issued 6,313 evictions in 2016.

Those rates varied between different census tracts. The Policy Forum reported that in 2016 in some census tracts more than one in ten households was evicted.

After examining the situation and the resources available, the Policy Forum offered five improvements that could help reduce evictions:

  • More coordination of eviction prevention services in Milwaukee so that organizations working on the issue can address the problem collectively.
  • Establishment of a “one-stop shop” for both tenants and landlords for information and assistance.
  • More financial assistance for temporary situations when someone is unable to pay their rent due to an unexpected expense.
  • Increased use of mediation services and more legal representation for tenants.
  • Better awareness of eviction prevention resources in the community.

 




Racine

Racine’s “one-stop shop” for housing support, Continuum of Care, has been meeting with stakeholders, including representatives from the city and the county, since August to formulate its strategic plan for 2019.

“We’ve known that there’s been a problem for a number of years,” said Continuum of Care President Ron Thomas. “But it’s definitely something that needed to be addressed, and obviously there’s a lot of complexities with it.”

The plan is scheduled to be presented at a meeting that is open to the public from 9 a.m. to noon on Jan. 18 at the United Way of Racine County office, 2000 Domanik Drive, Racine.

Continuum of Care’s philosophy is about addressing people’s issues holistically — looking at how housing and homeless intersect with health, education and economic realities.

“We know the eviction situation ties into economics, ties into income, as well as health care, hunger, these types of things,” said Thomas. “We feel that all of these things are part and parcel, and all of these things have to be addressed.”

Some of the broad issues Thomas said they focused on while developing the strategic plan were how to break the cycle of evictions as well as stereotypes surrounding eviction, poverty and homelessness and how they could better administer funds for rental assistance.

One area Thomas said local homeless advocates hope to improve this year is to receive more financial support for rental assistance. With state and federal funds for such programs dwindling, Thomas said he would like to receive more local contributions.




“We know (federal and state funds) are necessary, but I’d like to see on a communitywide level that we recognize the challenges that we have,” said Thomas.

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Guide to the Eviction Process in North Carolina on NationalEvictions

Guide to the Eviction Process in North Carolina on NationalEvictions

  • Posted: Dec 03, 2018
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Guide to the Eviction Process in North Carolina on NationalEvictions.com

The eviction process in North Carolina is a relatively straightforward process. Both landlords and tenants are expected to conform to the Chapter 42 of North Carolina General Statutes.

The statutes lay out the procedures landlords must follow when it comes to evicting a tenant. If you fail to adhere to these laws correctly, you might set yourself up for trouble.

Renters in North Carolina can be evicted for a number of reasons. The most common ones include:

  • Failure to pay rent
  • Breaching terms of the lease agreement
  • Refusing to leave the property after the expiry of their lease agreement
  • Engaging in a criminal act such as drug trafficking

If the tenant has committed any of these lease violations, you may legally remove them from the leased premises.

Eviction Notices in North Carolina

Serving an eviction notice to the tenant is the first step in evicting them. The type of notice to serve the tenant must be relevant to the violation committed. For non-payment of rent, you must give the renter a “10-day Demand for Rent.”

Simply put, this notice allows the tenant a maximum period of ten days to either pay rent due or vacate the NC premises. If the tenant fails to pay rent within this time frame, you can go ahead and file an eviction lawsuit against them.

You can also evict a “holdover” tenant. This is a tenant who stays beyond their term without renewing their lease agreement. The type of notice to serve a holdover tenant is dependent on the term of the lease. If the lease was:

  • Weekly – serve a 2-day notice
  • Monthly – serve a 7-day notice
  • Yearly – serve a 1-month notice

These notices are also referred to as “unconditional notices to quit.” This means that the tenant has no other option but to leave. In other words, there is no option to “cure” the violation. If the renter doesn’t move out within the time specified, you can go ahead with the eviction process. You don’t need to serve them with another notice.

It’s important to note that after the lease term expires and prior to filing a complaint, you must not accept any payment. If you do, the previous term of the tenancy will renew automatically.

Aside from non-payment of rent and a holdover tenant, you can also evict a tenant in NC who violates other lease terms. For example, a tenant who:

  • Brings in an unauthorized tenant
  • Keeps a pet when the lease is against it
  • Repeatedly disturbs neighbors, or
  • Damages the rental property

Additionally, according to N.C. Gen. Stat. § 42-11, a tenant can be charged with a misdemeanor for intentional or willful damage to the rental unit.

In North Carolina, you aren’t required to give the tenant a chance to remedy the lease violation. You can file an eviction lawsuit against the tenant immediately after knowledge of the violation.

Lastly, landlords can also evict a renter engaging in criminal activities like drug trafficking. Here, North Carolina eviction laws allow for an expedited eviction. Also called “Article 7 eviction,” you may file an expedited eviction against a tenant, a tenant’s household, or a tenant guest or guests engaging in drug trafficking and other criminal activities within the rental property.

Summary Ejectment

After serving the tenant a proper eviction notice and the tenant has refused to move out of the rental property, the next step in North Carolina is to file a Summary Ejectment. Even with solid grounds to evict a tenant, it’s illegal for you to use “self-help” eviction methods.

A self-help eviction is when you retake possession of the property without using the right eviction procedures. Here are a few examples of things that you should never do as a landlord:

  • Intimidate or harass your tenant
  • Turn off their utilities
  • Remove the tenant’s belongings prior to an official eviction
  • Lock the tenant out of the property

You need to file the Summary Ejectment in the appropriate court. Typically, in North Carolina, it can either be a district court or a small claims court. For a quick settlement of your case, it’s recommended that you choose the latter. That being said, damages sought in a small claims court shouldn’t exceed $10,000. If they do, you should file the Summary Ejectment at the district court instead.

A Summary Ejectment is filed against a renter who has failed to do one of these two things: failed to comply with the requirements of the lease agreement, or has failed to surrender possession of the leased premises after their lease term has expired.

When completing the form, you are required to state the reason for the eviction in NC as well as the remedies you are seeking. Generally, an eviction lawsuit seeks two remedies:

  • Getting back possession of the rental property, or;
  • Getting delinquent rent from the tenant

 

Summons

Once you’ve filed the case and paid the filing fee, the court will issue you a Summons. This will then be served to the tenant by the county sheriff or an official of the court.

A Summons legally informs the renter that action has started. The document tells the tenant when and where the eviction case will be heard.

The North Carolina eviction laws clarify that the sheriff may serve the Summons either in person or by mail within five days of its issuance. The court hearing occurs exactly 14 days after the summons is issued.

The tenant has two options after receiving the Summons. One option is to choose to contest the removal by providing relevant defenses. The other option is simply to vacate the premises.

 

 

The Court Hearing

You must be present at the hearing in order to win the eviction. The tenant must show up in order to contest the eviction. You should bring as much evidence as possible to strengthen your case. For example, you should remember to bring:

  • A copy of the NC lease agreement
  • Demand notice you sent your tenant for the rent owed
  • Proof of nonpayment of rent

The renter’s presence isn’t necessary at the eviction hearing if:

  • The renter is willing to vacate the premises and doesn’t want to oppose the eviction
  • You are merely seeking possession of the leased premises

At the hearing, the judge will give you an opportunity to present your case first. After you are done presenting your case, your tenant will similarly be offered a chance to state their case. To help win the case, the tenant may bring the following to court:

  • Written communications, if any
  • A witness to verify what the tenant is claiming
  • Receipts for rent to prove payments have been made, and/or
  • Photos of the premises (to show poor conditions).

Other common tenant defenses in NC include:

  • You used “self-help” eviction methods.
  • The rental property doesn’t adhere to North Carolina housing codes.
  • If, for criminal activity, the tenant had no knowledge of the activity or made reasonable attempts to prevent it.
  • You discriminated against the renter. That is, you based the eviction on the renter’s national origin, familial status, disability, age, race, sex, or religion.
  • The notice was improperly served.
  • The eviction is a retaliatory act.
  • The breach of the lease violation isn’t substantial enough to warrant an eviction.
  • Your allegations are false.

 

 

 Judgment for Possession

If the judgment is in your favor, the judge will award you a “Judgement of Possession.” The “Judgement of Possession” gives possession of the property back to you. The tenant will then have ten days to file an appeal. If the tenant chooses to file an appeal, the court may order them to make payments of the bond to the court.

For whatever reason, is the renter is unable to make the payments on the bond, you can have the appeal quashed. If the renter still loses the appeal, the only remaining option would be to leave the premises immediately.

At this point, you can file a Writ of Possession. A Writ of Possession in NC gives the county sheriff the authority to remove the tenant out of your rental property. After the Writ of Possession is issued by the court, the sheriff would be required to carry out the eviction seven days after it’s issued.

The tenant will have ten days to remove all personal property from the rental unit.

 

Changing of Locks

It’s important to change the locks after the sheriff removes the renter from your property. The changing of locks must be done by a locksmith. The sheriff must also be present. The fees charged by the locksmith are your responsibility.

 

 

Handling personal property

You may find that the tenant has left behind some of their personal property in the rental unit. According to the North Carolina landlord-tenant law, landlords must notify them of their belongings before disposing of them. If the tenant doesn’t respond, you can dispose of the personal items after the time-frame on the notice expires. ( NCGS § 42-25.9 )  and NCGS § 42-36.2)

 

Don’t hesitate to reach out to NationalEvictions.com for your property Eviction needs in North Carolina. You can also find other States Eviction Process on our Website.

 

 

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Legal Eviction of Roommates

Legal Eviction of Roommates

  • Posted: Aug 21, 2018
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Legal Eviction of Roommates

A living situation with roommates may become stressful if a roommate falls behind on rent or causes other problems in the home. The legal options for eviction of a roommate depend on whether the roommate is a legal occupant of the rental property, an unauthorized occupant, or a subletting party. The landlord, original tenant or either party might be able to pursue eviction by following the real-estate laws

Find Landlord and Tenant Help pages, Articles, and more on NationalEvictions.com

Sad Tenant moving apt after eviction sitting on the floor of the living room at home. NationalEvictions.com

Definition of Legal Occupant

A written lease agreement creates a legal obligation between each tenant and the landlord. A leases often require the names of all adults who will live in a rental home, along with the names of children or other adults who might spend time living in the residence. Whether a roommate is a legal occupant of a residence depends on whether the lease names the roommate as a lessee. If the roommate is lessee, the landlord can start eviction proceedings directly against the legal occupant.

Landlord’s Right to Evict

When a landlord wants to evict multiple roommates from a residence, States requires court proceedings for eviction, also known as “summary ejectment” under state law. North Carolina allows eviction based on one of three reasons: breach of the lease, nonpayment of rent or holdover of the premises after the end date specified by the lease. If the lessees fall behind on their rent payments, the landlord can initiate proceedings to evict all roommates, even if only one roommate is responsible for the past-due rent. Furthermore, if the lease specifically prohibits additional occupants or subletting parties, the landlord has the right to ask a North Carolina court for a summary ejectment based on a breach of the lease after a lessee allows a roommate to move in.

Legal Significance of Unauthorized Roommate or Subletting Party

A lease might state whether additional roommates may live in a rental home without signature of a new lease or advance permission from the landlord. A roommate who doesn’t appear on the lease usually doesn’t have a legal obligation to the rental home’s landlord; accordingly, the landlord can’t pursue late rent or directly take other legal action in North Carolina toward the unauthorized roommate. The roommate might have a sublease arrangement with the original lessee, however, and have a legal obligation toward a lessee who does appear on the lease agreement.

Tenant’s Right to Evict

If an original tenant allowed a roommate to move in without updating the lease with the landlord, the original tenant still might be able to pursue legal eviction of an unauthorized occupant. The original tenant and the new roommate might have an oral or written sublease agreement. If the roommate doesn’t pay rent or causes problems in the residence, the original tenant may be able to start legal proceedings for eviction based on the terms of the sublease. Legal eviction initiated by the landlord might result in a court order requiring all individuals to vacate the property and return possession of the premises to the landlord. Accordingly, the original lessee may need to take action independently if he wants to remain on the property himself. To evict a roommate, the original lessee must follow the notice, service and filing procedures required by North Carolina’s landlord-tenant laws.

 

 

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