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An eviction dismissed for lack of 10-days notice, does it eliminate debt ?

This is a discussion on An eviction dismissed for lack of 10-days notice, does it eliminate debt ? within the Landlord vs Tenant Issues forum, part of the REAL ESTATE & PROPERTY LAW category; Charlotte, NC. Im the Landlord and I have been to court 3 times in a row with this tenant. my ...

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Old Sep 27th, 2009, 07:22 AM   #1
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Default An eviction dismissed for lack of 10-days notice, does it eliminate debt ?

Charlotte, NC.

Im the Landlord and I have been to court 3 times in a row with this tenant.

my main concern:
if I fail to give the tenant the 10-days notice (required in Mecklenburg, NC), or if i give the 10 days notice and accept a partial payment after, when in court the judge will dismiss my eviction, for sure (it happened to me before in this tenancy),........ but does this eliminate the debt up to the court day ?

(my understanding is the judge is dissmissing the eviction but not the debt..., meaning that i should send the 10 days notice, wait for the 10-days and re-file again the eviction).
the other scenario will be that the dismissal will put the tenant UP TO DATE with his past debt, and will eliminate the debt... (which sounds crazy...)

...., i want those tenants out, i do not care about the debt)
i need advice.
thank you.

Last edited by egoldtech; Sep 27th, 2009 at 09:35 AM.
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Old Sep 27th, 2009, 10:37 AM   #2
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Default Re: An eviction dismissed for lack of 10-days notice, does it eliminate debt ?

The eviction case is dismissed for a technicality. That does not eliminate the debt owed. Serve the notice again per your state's law on service (whether hand delivered, attached to the door, mailed, certified mail, -whatever your state requires). Specifically ask the clerk of court if the notice includes or does not include the day it is served, weekends, or holidays (some notices don't count those days.) If mailed, as k if extra days have to be added for postal time. Count forward and add one extra day just to be sure. Then file for the eviction and the money owed.
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Old Sep 27th, 2009, 12:16 PM   #3
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Default Re: An eviction dismissed for lack of 10-days notice, does it eliminate debt ?

is exactly what i thought..... (is exactly what seems to be fair !).
Thank you for your prompt and direct reply.
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