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  1. #1
    Join Date
    Feb 2008
    Posts
    1

    Question Being Evicted In North Carolina

    First I would like to say, *any and *all advice will be greatly appreciated, as I am in a state of confusion and disbelief.

    My husband and four children moved here (to NC) in August of 2007 (from SC), relocated due to a great job opportunity. Found this house we are renting while still living in SC. Drove up, LOVED the home, met with the landlord, signed a YEAR's lease, gave rent + deposit...all was said and done. Little did we know what we were getting ourselves into.

    Upon first meeting with the landlord, BEFORE signing the lease, we stressed the fact we wanted a long term rental due to working on our credit to eventually buy, and for the fact we did not want to uproot our children more than we had to. The landlord ASSURED us that it was a *year lease, then they *MAY consider selling the home. We asked IF that happened, would we have FIRST option to buy. Landlord says "yes." There was no DEFINITE mention of selling the home, or we would have kept on with our search for a home. Why uproot our family and move to another state without knowing you had stability? So, feeling secure, we signed the YEAR's lease.

    Fast forward to September 1st, 2007. My husband and I are celebrating our 10 year anniversary. First time alone without the children in over 8 months. Guess who pops up without the slightest hint of notice(for the first of MANY times)? Our landlord!!! And for what reason you may wonder? They (it's a couple btw) come to give us a filter for the furnace (this house takes the metal kind you have to order) AND to drop the bomb that they are in DIRE need to sell the home due to them needing to get a loan to start building another home. Something about them not being able to have 2 mortgages, not too sure as to why. Basically, letting us know they would be putting it on the market before our least was up. We told them to keep us updated as to what was going on, etc. They reassured us that our lease was not going to be affected.

    Last month, the weekend after New Years, they call on Friday night around 9pm to inform us a realtor would be by the NEXT day. Sure enough, they came to the house, realtors and contractors in tow without even a days notice. Thank God I'm a clean house keeper. The realtor even commented on how nice the home looked. We spoke face to face with the landlords that day, they (again) said our lease would still be honored until August, but they would be putting the house up for sale at the end of February. We said okay, what else were we to do?

    Present day problem. We received a 5 day written notice of eviction this past Saturday, stating our lease had went into default and was no longer being honored and that the eviction process would begin today (2-12-08)! The reasons stating were that (1) they had not received the rent...BIG LOL! We mailed it like we ALWAYS have...we have *never been late, EVER! I know she has it but will not cash it so she can get us out! (2) we made interior altercations (we put down NEW vinyl flooring in the master bath, the carpet that was in there was damp and smelled really bad..unsanitary) (3) said we REFUSED to let them show the home and display "for sale" signs....WE NEVER SAID THAT! My husband called ASAP after receiving the notice. She acted like the check wasn't sent or got lost. He asked her if we could send out a certified check along with late fees even....she said...exact words "If I accept that check, I can still evict you for the other reasons." My husband asked her 4 times..."Do you just want us out, YES or NO, that's all I'm needing to know" She would not answer any of the 4 times asked. Then said she had to "go."

    What is going to happen to us? How much time do we have? Can we win this thing? Will this go on my credit?....etc. :?

    Sorry so long and please over look any typos. Please let me know any and every bit of advice you think I need to know, because honestly, I know nothing about evictions or crazy landlords.



    See, tenants aren't always the bad guys.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,126

    Default Re: Being Evicted In North Carolina

    Holy cow. I'm so sorry. I've had my share of crazy landlords too, but I think you win the prize. Dubious prize that it is.

    Here are North Carolina eviction rules.

    It sounds like you haven't been served with the summary notice of ejectment yet, and thus have no court date yet. Which is good, it means you have a little time.

    What you NEED is a lawyer. Hopefully you have documentation of the realtor visits and the like?

    Start here:
    Legal Aid of North Carolina 1-919-856-2564 - Provides free legal services to
    low income individuals throughout North Carolina.(Wake County office
    (919) 828-4647) www.legalaidnc.org
    I'm not a lawyer, but I play a researcher on the internet!
    Caution: I bite. WARNING: Do not send questions or complaints by PM. I'm likely to post them publicly and embarrass you half to death.
    I'm training for the MS Society's Bike to the Bay - and blogging about it!

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