Unlawful Eviction

[yantosh22]

My take on Chapter 42 of the NC Statutes, if the landlord sends an eviction notice without a court order, then they have most likely violated the statute. Note this isn't the same as sending a warning about the actual violation of the lease. Furthermore Section 2A says this....

§ 42‑25.9. Remedies.

(a) If any lessor, landlord, or agent removes or attempts to remove a tenant from a dwelling unit in any manner contrary to this Article, the tenant shall be entitled to recover possession or to terminate his lease and the lessor, landlord or agent shall be liable to the tenant for damages caused by the tenant's removal or attempted removal. Damages in any action brought by a tenant under this Article shall be limited to actual damages as in an action for trespass or conversion and shall not include punitive damages, treble damages or damages for emotional distress.

The OP has not said what he has received so it's mostly an academic lesson at this point. If I was a landlord I would read the statute before I tried to get rid of a bad renter. It also helps to have a well written lease that clearly describes what is expected of the tenant.

[palmetto75]

Originally Posted by yantosh22

The OP has not said what he has received so it's mostly an academic lesson at this point. If I was a landlord I would read the statute before I tried to get rid of a bad renter. It also helps to have a well written lease that clearly describes what is expected of the tenant.

My guess is the landlord sent a Demand Notice asking for the nuisance to stop or the rights to tenancy would be terminated and the tenant would have to surreneder the property by the demand date. Once this passed the eviction was filed and then served by the sheriff. like you said its all academic.

[chapsme]

As a landlord... I don't see anything wrong with simply asking a tenant to move out because of a lease violation. If the tenant agrees, then why get the court system involved? But asking for the remainder of the lease balance....LOL, that is a scare tactic. They are hoping the tenant won't do their homework and just leave.

[lovesMountains]

Originally Posted by chapsme

As a landlord... I don't see anything wrong with simply asking a tenant to move out because of a lease violation. If the tenant agrees, then why get the court system involved? But asking for the remainder of the lease balance....LOL, that is a scare tactic. They are hoping the tenant won't do their homework and just leave.

Landlords have to follow NC law, and the law says they must get a summary ejection filed with the court or their attempts to evict are illegal.

In this case our OP apparently does not want to leave.

[pink caddy]

Originally Posted by yantosh22

My take on Chapter 42 of the NC Statutes, if the landlord sends an eviction notice without a court order, then they have most likely violated the statute. Note this isn't the same as sending a warning about the actual violation of the lease. Furthermore Section 2A says this....

§ 42‑25.9. Remedies.

(a) If any lessor, landlord, or agent removes or attempts to remove a tenant from a dwelling unit in any manner contrary to this Article, the tenant shall be entitled to recover possession or to terminate his lease and the lessor, landlord or agent shall be liable to the tenant for damages caused by the tenant's removal or attempted removal. Damages in any action brought by a tenant under this Article shall be limited to actual damages as in an action for trespass or conversion and shall not include punitive damages, treble damages or damages for emotional distress.

The OP has not said what he has received so it's mostly an academic lesson at this point. If I was a landlord I would read the statute before I tried to get rid of a bad renter. It also helps to have a well written lease that clearly describes what is expected of the tenant.

Landlords in NC are very lucky that the statute does not penalize them with TREBLE damages.

[dcass]

The landlord can send a notice requesting the tenant move out if they have violated the lease (i.e. dog disturbing other tenants). I can't believe they didn't send a warning notice - bad business practice by landlord. The landlord cannot use force (changing locks or cutting utilities off - if he furnished them). If a tenant refuses to move when given written notice by landlord, he then must go through the magistrates' office and file a summary ejectment. You are given a court date and then 14 days to vacate the premises (if magistrate finds in landlord favor). He can request rent be paid for balance of lease if you have indeed broken the lease by allowing your pet to disturb others. He must then make a reasonable effort to re-rent and when re-rented, you are leased from responsibility(he cannot legally collect rent from 2 people).

[spankys bbq]

Originally Posted by zumabuyah

I am being evicted from my apartment by the property management due to neighbor complaints of my small dog's occasional barking. I keep him inside a majority of the time and bring him in from the balcony when and if he barks.

Whenever the neighbor has brought the barking to my attention I have immediately brought him inside.

Moreover, I have never received an official complaint notice from the management about my dog.

Instead, I was recently served with an eviction notice demanding I vacate the premises without recourse.

Additionally, they are requesting that I pay the remaining balance of $3,700.00 for the remaining five months left on my lease.

What are my options?

Thanks!

In your lease, there is most likely a section that refers to something along the lines of allowing for quiet and peaceful enjoyment of the property by neighbors. This, or something similar, is what they are using as grounds for eviction.

In your lease, there also may be a section regarding NC GS 42-3, and the waiving of rights to that. Mine reads "This agreement waives the 10-day grace period provision of GS 42-3 and provides that failure to pay rent or breach of contract will result in immediate filing for eviction." More or less, the manager is not required to give you any official notice, or any notice for that matter.

As for your eviction notice, is this a form that was mailed to you by the management company or the courts? There will be a Magistrate Summons if it is from the court. If its just a letter from the manager, get your mess squared away and shut the dog up. If it is a Magistrate Summons, try to work something out with the manager up to, or including, getting rid of the dog. They will NOT work with you a second time on the same issue. I don't. You do not want an eviction on your rental history, especially these days. Any eviction in the past 3 years is an instant DQ for us. If you are evicted, the manager can have you be responsible for the remainder of the lease or until it is rented again.



I'll insert a bit of personal opinion here, too. It should not be your neighbor's responsibility to get you to shut your dog up. You are either not paying attention or just don't care. I understand that this kind of thing comes with living in an apertment where pets are allowed, but you should be a bit more mindful of your neighbors' ability to enjoy a peaceful environment. And property managers (most of them) do not just decide to toss someone out. There has to be a good enough reason because, honestly, I hate painting apartments and don't want one empty. It's a loss for the owner. So, for it to have reached this point, I have to imagine there has been some failed attempt to reach you to get this situation worked out and you have ignored it or tossed it in the garbage not paying attention (I've accidentally tossed bills in the trash so I'm not attacking anyone on this point).

Go see the manager in person and work this thing out. Any problem you may have can be resolved with a little honesty and the occasional sacrifice.