How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Barrister Your Own Question
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 37364
Experience:  16 years real estate, Realtor. Landlord 26 years
Type Your Real Estate Law Question Here...
Barrister is online now
A new question is answered every 9 seconds

My son is in college & was involved in some drug activities

Customer Question

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: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year 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

Related Real Estate Law Questions