Unlawful Eviction (Star: apartment, lease, home)

[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!

[lovesMountains]

Start by reading your lease, it spells out what they can and can't do. I'm betting nothing they are doing is "unlawful".

Second, try meeting with management to ask for another chance, then do whatever you have to do to keep your dog very quiet.

[yantosh22]

You were not specific on what kind of notice that you received, but in NC, a landlord can't evict a tenant without a court order. If they try to do this you can sue them for damages. If they change the locks on you without a court order, then you can call the sheriff/police to make them let you back in.

On the other hand noisy animals is a valid reason for eviction and if they get a court judgment against you, you have to move out. You can however contest the eviction with the court. In this case, I don't believe they are entitled to the remaining rent.

[lovesMountains]

Originally Posted by yantosh22

You were not specific on what kind of notice that you received, but in NC, a landlord can't evict a tenant without a court order. If they try to do this you can sue them for damages. If they change the locks on you without a court order, then you can call the sheriff/police to make them let you back in.

On the other hand noisy animals is a valid reason for eviction and if they get a court judgment against you, you have to move out. You can however contest the eviction with the court. In this case, I don't believe they are entitled to the remaining rent.

You are correct - if the landlord/management company did not file a "small claim action" for summary ejectment with the courts, then the eviction would be illegal.

Landlords can get a standard form from the Office of the Clerk of Court. Once it is filed then the court magistrate serves written notice to the renter/defendant and a time and place is set for an eviction "trial".

So, my question to the OP is the same as yours - did they receive notice from the courts or just a letter from the management company?

It sounds to me like the management company may have just been trying to scare the tenant into complying so far.

[palmetto75]

Originally Posted by lovesMountains

So, my question to the OP is the same as yours - did they receive notice from the courts or just a letter from the management company?

It sounds to me like the management company may have just been trying to scare the tenant into complying so far.

Complete scare tactic. A nuisance pet is certainly grounds for eviction, but the landlord better dot all of his/her Is and Ts to win it in court. This would include several written demands and most likely a 3rd party witness to the barking.

Evictions for not paying rent - EASY

Evictions for everything else - BETTER BRING YOUR FILE CABINET.

[CharlotteGal]

Originally Posted by lovesMountains

then do whatever you have to do to keep your dog very quiet.

Second this. Your dog can be trained to not bark - it would be worth it to look into that.

[pink caddy]

Do everything you can to learn about the term "constructive eviction".It's generally not for someone outside of the law but with a little bit of research and thinking you will be able to deal with this situation at a higher level....maybe even higher than those that think they can evict you.

I know. . .I had a situation 7 years ago that enabled me to offset $100,000+ plus in rents against the threat of "constructive eviction " action against the landlord.In NY State the winner against this claim gets TREBLE damages. (Have no idea what it is in NC)

Good Luck

[Mike409]

I would wager a bet that your dog is barking when you are not home. If he barks when you are home, it should be easy enough to stop it from barking. However, when no one is home to stop the barking, that spells trouble living in an apartment. So, bringing him in from your balcony when he barks is only part of the problem.

I have a neighbor who's little dog yaps away every time the wind blows and he carries on for 30 minutes. Then, the mailman stops at the mailbox......and we're off again. I don't live in an apartment, but could only imagine if my walls and floors were connected.

Hope it works out for you.

[uncharch7]

It's not a scare tactic, it's the first step in the process. Magistrates are requiring that property owners/management give notice to the tenant that there's been a lease violation and ask them to leave prior to filing with the court system.

Good luck.

[pink caddy]

Originally Posted by uncharch7

It's not a scare tactic, it's the first step in the process. Magistrates are requiring that property owners/management give notice to the tenant that there's been a lease violation and ask them to leave prior to filing with the court system.

Good luck.

But in the case of the OP they are also asking for summary judgement on the dollar balance of the remainder of the lease.

No due process in NC? Sounds like a third world country legal system to me.