my landlord sent me a text yesterday telling me that he wants me out of the house in 7 days... no reason given and he said he is moving all the furnished furniture out of the house today... our agreement was for a 30 day notice. what can i do to stop him?
Have you paid your July rent?
No, he wouldn't take it.
Since you are renting month-to-month, you are entitled to 30 days notice, as you stated. The landlord cannot evict you without going through a court eviction proceeding. He cannot simply come in and remove the furnishings today. He has no right to legally enter the property today. Here is a summary of NC eviction process:
If a tenant fails to pay agreed upon rental for rental property in North Carolina the landlord must proceed through proper channels to evict the tenant. The process a landlord must go through in order to evict a tenant is referred to as "Summary Ejectment."If a landlord wishes to evict a tenant that refuses to leave the rental property, the landlord must visit a Small Claims Court and file a Magistrate's Summons and Complaint in Summary Ejectment. The Sheriff's Office will then serve the tenant with the Summons of Complaint filed by the landlord. This summons must be delivered personally or posted for the tenant on the premises door. The tenant will be able to find the court date, time and place on the Summons of Complaint and must show up for the hearing. During the hearing, the tenant and the landlord may have attorneys present, submit evidence as well as subpoena witnesses.The tenant may decide to file written counter claims against the landlord and this would take place at the eviction hearing. Regardless of the outcome of the eviction hearing, both the landlord and tenant have ten days in which they can appeal the decision of the magistrate. During this ten day period, the landlord can not forcibly make the tenant move from the property. If the eviction was for non-payment of rental monies, the tenant has these ten days in which to pay due rent to the Clerk of the Superior Court, the tenant can remain living in the rental property. The tenant may also have to pay any past rent that may be in question to the Clerk of Court unless he chooses to file the appeal as indigent or poverty-stricken.If the eviction hearing was for failure to pay rent and it is within (5) days of the next due rental payment, then a pro-rated payment must also be made by the tenant in order to remain living in the rental property until the next hearing.If the tenant chooses not to appeal the judgment of the magistrate or losses in the appeal process, the landlord then has the right to evict. The landlord must obtain a Writ of Possession of Real Property by the Clerk of Court. The Writ of Possession gives the Sheriff and the Sheriff only the authority to remove the tenant or the tenant's personal property from the rental property. During the eviction process, there is no time at all when a landlord may remove a tenant or a tenant's belongings from the rental property.It is clear that the landlord has to go through a legal process in order to force you to move, and that can't be done in 7 days. If he violates these statutes, he will become liable for damages.
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he is already on the property and in the house... what do i do to stop him?
I can't tell you to resort to violence, and there is nothing that you can do legally on a Sunday morning. Sorry.
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