GASTON COUNTY, N.C. (FOX 46 CHARLOTTE) – Since the U.S. Supreme Court lifted the eviction moratorium on August 26, 2021, there has been a surge of eviction proceedings in North Carolina.
An eviction, filed by a landlord, is formerly called a Complaint for Summary Ejectment, and can be initiated for failure to pay rent and/or any other violation of a lease.
Eviction cases are generally heard in small claims court, where they are decided by a magistrate judge.
“When people like me don’t have the resources, you have a guy like this, a lawyer, making $100,000 a year, me, I make maybe $20,000 a year, if that, depending on what kind of job I can get,” Nathan said, who was evicted on Friday with his family.
The landlord must have the tenant ‘served’ with the court paperwork, either by certified mail, return receipt requested, or by the sheriff.
“I don’t want to put anyone out, they need a place to live, they need to make a living, but there comes a time if they don’t want to pay, don’t want to try to work with someone, they need to find another place to live,” Landlord Dennis Dotson said.
Tenants can represent themselves but if they would like a lawyer they can either hire one or apply for one at Legal Aid by CLICKING HERE.
If you do represent yourself here are some tips:
- DRESS APPROPRIATELY – Judges judge.
- BRING ALL DOCUMENTATION AND COPIES FOR COURT
- SHOW RESPECT. End every sentence with “Judge” or “Your Honor”
It’s also important to know that tenants can get continuances but not for more than five days unless both parties agree.
If a judge does order an eviction, both parties have 10 days after the decision to appeal the case. Also, landlords cannot remove tenants from their homes until the appeal period has ended, whether or not a tenant files an appeal. For other questions, contact the civil court clerk’s office in your county directly.