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

Carolina Living Real Estate and Property Management

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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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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.

5 Things You Should Not Put in Your Dishwasher

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.

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

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.

 

Charlotte|Winston Salem Investors: Is It Covered?

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!

 

Why Right Now is a Great Time to Buy a Home

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.

Built-for-Rent Single-Family Housing Forecast

Carolina Livng Rental Qualification Criteria

The Application Process.

The first step to renting a Sparrow home is filling out an application. We invite you to apply! All future residents are able to meet minimum employment and income requirements, and maintain a good rental and credit history. You’ll find an overview of these requirements below, and you can download complete detail at the link to the right. Review the information to decide if you’d like to apply. We hope you do!

Final qualification and approval is determined following review of your application.

Overview of qualification criteria

Income

Applicants must have a minimum combined household gross income of 3.0 times the monthly rent. To verify income, we require acceptable income documentation (summarized below) and may request additional supporting documentation!

Credit

A credit history will be completed on all applicants to verify credit worthiness. Income plus verification of credit history will be considered to determine rental eligibility and security deposit levels. Late payments, collections and charge-offs will be negatively scored. Open bankruptcies, eviction or collection actions or judgments will result in an automatic denial.

Criminal History

A criminal background check will be completed for each applicant and occupant age 18 years or older. The rental application will be denied for certain felony convictions up to ten (10) years prior to the application date, or any felony conviction for sex and terrorism related offenses regardless of time.

Rental History

Prior rental history will be verified. Rental applications will be automatically denied for current outstanding debt/civil judgment or eviction within the last five (5) years.

Pet Guarantee


Carolina Living Guarantees cover the cost to repair damages caused by approved pets exceeding the security deposit up to $500.

$500 Pet GUARANTEE

 

 

 

 

Conditions for Carolina Living Real Estate’s Pet Damage Guarantee:

  • Carolina Living Real Estate must have approved the pets & the tenant must be on a Carolina Living Real Estate Lease.
  • Damage by unauthorized animals is not covered
  • Carolina Living Real Estate will determine what is considered pet damage & repairs must be made by an approved vendor

***The Federal Fair Housing Act does NOT consider Emotional Support or Service Animals “pets” under the lease.

WHY OWNERS SHOULD OFFER A PET FRIENDLY HOME:

  • The American Veterinary Association estimates that 50% of renters have pets and that 35% of those without pets said that they would have pets if allowed by landlords
  • Pet-friendly properties rent in about half the time with twice as many applicants as properties not allowing pets
  • Renters with pets tend to stay in a property longer resulting in less turnover & reduced expenses due to vacancy
  • Happier Tenants – Studies have shown that owning a pet can improve happiness, well-being, and health

 

On Time Rent

Carolina Living Real Estate Property Management Guarantee
Carolina Living Guarantees that once we receive your rent your owner’s payment will be processed within 10 banking days or our services for that month are free.

On Time Rent Payment GUARANTEE

 

 

 

 

Conditions for Carolina Living Real Estate’s On Time Payment Guarantee:

  • Carolina Living real Estate will process rent received on-time within 10 business days or waive that month’s management fee. In addition, we collect the late fee and always include this amount with your rent, never retaining the amount for ourselves.Making sure you get your money as soon as possible is the reason we offer our On-Time-Rent Guarantee. This is NOT a Guarantee that tenants will pay rent, but a Promise that Carolina Living Real Estate will process rent in a timely manner.