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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33781
Experience:  15 years real estate, Realtor. Landlord 26 years
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My son is in college & was involved in some drug activities

Customer Question

Hi
My son is in college & was involved in some drug activities & received an email from the management team of his apartment stating that he will be evicted & should get a notice of eviction. Yesterday he got a court summons demanding Possession however it also stated that: PLAINTIFF HAS DEMANDED POSSESSION OF THE PREMISES FROM THE DEFENDANT WHO HAS REFUSED TO SURRENDER IT.
We have not received any notice of eviction besides the initial email from the apartment. What should be done in this case? Do we not get 30 days to evict? Please let me know...Tks
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  Barrister replied 8 months ago.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question..In NC, if there is a lease violation by a tenant, the landlord can immediately terminate the tenancy with an "unconditional quit notice" which ends the tenancy immediately. The statute just says that the landlord has to "demand its surrender" after a lease violation and then can immediately file to evict if the tenant doesn't move out after the demand it made. (NC Statutes 42-46).So the email would technically meet the requirements of demanding surrender of the property and if he didn't immediately vacate, they can file the formal eviction case in court..With that said, if he has been served with a summons, he would need to immediately move out and then appear in court and tell the judge that he has vacated and ask that the eviction action be dismissed as moot..As an aside, in addition to being an attorney, I have also been a landlord for over 26 years.....thanksBarrister

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