Legal Question in Real Estate Law in North Carolina

Hi I live in NC and was issued a notice to appear in court (got letter on my door on Fri the 26th and the court date is on Mon the 29th and the days in between I wasn't able to reach the court house because its the weekend) so my question is, if I go to court for an eviction hearing do I have ten days to pay the balance due and then we can maintain tenancy or are we evicted regardless of payment or not? Ive called the court and tried talking to the leasing office where they basically told me that my two options are to pay the balance before the court date or show up to the hearing and they'll say I have ten days to pay the rent. But that's where my question comes in because I was confused as to whether we would be evicted even if I pay the balance within ten days.

Thanks

Carlo


Asked on 7/28/13, 11:21 am

1 Answer from Attorneys
Kenneth Love Ken Love Law

Here are the options.

1. Move now

2. Get evicted and move

3. Pay the rent and Court costs before Court

4. Have up to 10 days to pay rent and Court costs after the hearing

5. Have up to 10 days to pay rent and Court costs after the hearing and pay new rent

The only true way to guarantee you are not evicted is to pay the past due rent, appropriate late fee, and court costs BEFORE the hearing. So option 3 is the only option that truly keeps you in the home.

Options 1 and 2, you lost the home.

Option 4, the landlord can take your money and still evict you.

Option 5, the landlord takes your money, and if you pay rent for the next month, he can't evict you as he has taken new money in addition to the past due amounts and court costs but the landlord is not required to take the new money which would protect you.

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Answered on 7/28/13, 2:35 pm


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