Table of Contents
Writ of possession
If you have successfully won an eviction case, you may have the right to issue a Writ of Possession. A writ of possession allows you to take possession of the property if the tenant refuses to move out on time. You can take advantage of this right by obtaining legal assistance from a lawyer.
Depending on the state, you may be able to appeal a Writ of Possession if a tenant fails to move out on time. The appeal period for writs of possession differs from state to state. For example, in North Carolina, the deadline is 10 days. Common grounds to appeal a Writ of Possession include discrimination, an improperly served eviction, and retaliatory eviction.
In order to file a Writ of Possession, a landlord must file a complaint with the Magistrate Court. This complaint must contain evidence that the tenant is in unlawful possession of the property. The landlord must also show that the tenant was in possession of the property without the owner’s permission. The tenant must be a “holdover,” a person who occupies the property for a limited amount of time, or have breached the rental agreement.
Charge of rent
If a tenant doesn’t pay rent, there are several options to enforce your right to recover your deposit. For instance, you can charge a late fee or other charges if you don’t get the money from the tenant by the due date. In court, you can also require the tenant to bring proof of their rent payment.
Getting a tenant to move out on time
There are many ways to get a tenant to move out on time without resorting to eviction. For example, if you’re selling your property, the tenant needs to leave because you’ve changed your business, or if the tenant is being unruly. Whatever the reason, you must communicate clearly with the tenant. You cannot use blackmail or threats to convince them to leave.
A tenant may need to move out during the time that the lease is active, such as when you’re undergoing renovations or planning to move back in. While it may not be practical to move a tenant before their lease ends, you can try to get them to leave earlier by asking them if they would like to move out early.
You must give a minimum of 30 days notice to your tenant. This is a standard requirement under most lease agreements, but some require as much as 60 days. The longer you give notice, the more time you have to fill the vacant units and make repairs before new residents move in.
