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Check the lease to determine the time period and any conditions which might apply.

If there is no written lease, the landlord can bring a summary ejectment action for no reason at all after giving proper notice.

As the tenant, you are not required to go to court, but the landlord will probably win his case if you do not appear.

You cannot stop the eviction by not going to court.

Until the court rules that the landlord can have possession of the premises, you can stop the eviction if you offer all of the past due rent and late charges unless you have violated some condition of the lease or rental agreement.

(If there are late charges, they must be limited to or 5% of the rental payment, whichever is more.) If the landlord has started a summary ejectment action, you must also offer to pay the court costs in order to stop the eviction.

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The law is contained in North Carolina General Statutes Chapter 50B.

However, you cannot not be arrested for failure to go to court either, because this is a civil, rather than a criminal action. Grantees of reversion and assigns of lease have reciprocal rights under covenants.

In court, the landlord must prove that the landlord-tenant relationship exists, that there is a lease (either written or oral), and that you have violated it, or that the lease has expired, or that the landlord has given you proper notice to leave. The grantee in every conveyance of reversion in lands, tenements or hereditaments has the like advantages and remedies by action or entry against the holders of particular estates in such real property, and their assigns, for nonpayment of rent, and for the nonperformance of other conditions and agreements contained in the instruments by the tenants of such particular estates, as the grantor or lessor or his heirs might have; and the holders of such particular estates, and their assigns, have the like advantages and remedies against the grantee of the reversion, or any part thereof, for any conditions and agreements contained in such instruments, as they might have had against the grantor or his lessors or his heirs.

When housing problems arise, consult this handbook. Read these sections backward and forward until you understand them well.

Better yet, look at the Table of Contents before problems arise. Complete as it is, this Handbook may not cover your exact case.

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