LEGAL method

[pixeltwistr]

What is the name of your state (only U.S. law)? North Carolina

Ok I'll try this a different way...I asked a question previously where i gave a few details of my situation and all I got back was a rude reply about how there is NO excuse to be behind on rent...so let me clarify here what I am asking for is what the LAW is on the eviction process ..what I am NOT asking for is someones opinion about what a dirtbag they think I am because of my situation...If that is all you have to offer please dont bother to reply as I am not intereted in your opinion!
What I would like to know is...
We had a one year lease when we moved in...that lease expired a year and a half ago...we have continued to live here so I believe that makes us month to month tenants...is that correct? And so as month to month tenants...we are behind on rent....BY LAW does the landlord have to give us a pay or quit notice(not sure it may have other names) FIRST and then file for summary ejectment ? OR as is the case is the landlord allowed BY LAW to skip the notice and go straight to the court date?
If i go to court (Monday jan 11) and claim it is not a legal eviction because she did not follow the correct procedure by sending a 7day notice first do I have a leg to stand on or not?
Thank You!

 

[Zigner]

Duplicate Post: https://forum.freeadvice.com/landlord-tenant-issues-42/summarry-ejectment-499370.html


You should start packing.

 

[atomizer]

What is the name of your state (only U.S. law)? North Carolina

Ok I'll try this a different way...I asked a question previously where i gave a few details of my situation and all I got back was a rude reply about how there is NO excuse to be behind on rent...so let me clarify here what I am asking for is what the LAW is on the eviction process ..what I am NOT asking for is someones opinion about what a dirtbag they think I am because of my situation...If that is all you have to offer please dont bother to reply as I am not intereted in your opinion!
What I would like to know is...
We had a one year lease when we moved in...that lease expired a year and a half ago...we have continued to live here so I believe that makes us month to month tenants...is that correct? And so as month to month tenants...we are behind on rent....BY LAW does the landlord have to give us a pay or quit notice(not sure it may have other names) FIRST and then file for summary ejectment ? OR as is the case is the landlord allowed BY LAW to skip the notice and go straight to the court date?
If i go to court (Monday jan 11) and claim it is not a legal eviction because she did not follow the correct procedure by sending a 7day notice first do I have a leg to stand on or not?
Thank You!

Your landlord will show up in court with a copy of the notice she gave you.
Not her fault that you are denying that a notice was given. Why not use the time you have to find someplace else before your eviction becomes public knowledge?

 

[Gail in Georgia]

You were not given a rude reply. In fact, I was attempting to provide you with some good news that, while the court would grant the eviction for nonpayment of rent, you would not need to leave that day. Again, it is difficult to convince a judge that not paying rent somehow helps one avoid an eviction judgement.

The fact that the branch of law enforcement that oversees evictions are often quite busy buys you some time to find another place and pack. This is far better than having all your things carried out to the curb during an actual eviction.

Gail