If you have a court date for an eviction hearing, you should seek legal counsel right away.

If DRNC is not able to represent you in your eviction hearing, you should call the Legal Aid of North Carolina office in your area.

If your landlord is evicting you for not paying your rent . . .

• You can stop the eviction IF you can pay the back rent plus the court costs.

• At the eviction hearing, before the magistrate makes her/his decision, tell the magistrate that you have the amount of money owed plus the court costs.
• The magistrate must dismiss the landlord's complaint.

If your landlord is taking you to court for something other than not paying your rent . . .

• You can avoid the eviction if you can show that you did not breach the lease or that, even if you did, there is nothing in the lease that specifies that the specific conduct alleged will result in your eviction.
• Be sure that the lease does not specify the conduct alleged by the landlord.
• Be sure the lease does not say that violation of that specific requirement gives the landlord the right to evict you.

If you get a notice from the Sheriff saying that you must be out or the Sheriff will padlock the rental property . . .

• You have received a writ of execution, which is an order telling the Sheriff to restore possession of the rental property to your landlord.
• This means that a magistrate entered a judgment evicting you, and you did not appeal the judgment. The sheriff will come and order you to vacate the rental property. You have ten (10) days from the day you were removed by the Sheriff to remove your personal belongings.