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Irwin Law
Irwin Law, Attorney
Category: Landlord-Tenant
Satisfied Customers: 6851
Experience:  Attorney 35 years extensive and active real estate practice; represents both landlords and tenants
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We have a mediated settlement agreement that provides us the

Customer Question

we have a mediated settlement agreement that provides us the right to stay in our house as a tenant until November 30, 2015. He have to purchase the house by that date of voluntarily vacate the property. The lanlord has violated the agreement and caused us to not be able to qualify for a loan by not fixing damage to the residence. Can she file a write of possession on the property if we faile to vacate or does she have to file eviction hearings stating we are in breach of the contract? We are in NC.
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Irwin Law replied 1 year ago.

Yes, she would have to file for a writ of eviction. If an eviction action is started, the mediated agreement may be filed with the court as a defense. Most judges would rule that you time in the property would be extended until the landlord has complied with the repair agreement. In the meantime, be sure that you are in compliance, and can show that you have attempted to obtain a mortgage in order to buy the home.