summarry ejectment

[pixeltwistr]

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

Ok my hubby has been out of work for a year...needless to say we got really behind on the rent and of course we are being evicted.
Our landlord came by in seotember 09 and asked how things were going. Hubby told her he still wasnt working etc. She said ok she would be back in a couple of weeks. Never heard another word from her. On dec 31 2009 I recieved a sherrif at my door with a summons to court for summarry ejectment. We got NO notices at all prior to that. I realize we are very behind on rent but wasnt she by law supposed to give us a Notice to quit or something like that?
Isnt there supposed to be at least ONE notice before the eviction is filed?
We moved in here on a one year lease over 2 years ago...when the lease expired we just continued to live here.
Does she not have to give us a notice because we no longer have a lease? Because I thought she still had to give us notice.
I do know we have to pay rent to live here...but unfortunatly with the situation as it is we are looking at homelessness in 10 days now (I go to court Mon jan 11 2010) and if I can get buy us a few extra days with a roof over our head then i have to try.
So are there any notices REQUIRED before they serve you with a summons to court or not?
Thank You!!!

 

[Gail in Georgia]

It's pretty darn hard to argue on why someone should not be evicted based on failure to pay rent. Thus, you can use whatever excuse you wish for the court hearing on January 11; however, you won't win.

Keep in mind that after the judgement these cases are typically turned over to local law enforcement and THEY schedule the eviction. They would need to be present to oversee this. How soon this would occur is based on their schedule and it's not going to happen the same day of the hearing.

This gives you some time to find another place and start packing.

Gail