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[NC] What can a tenant do after a court grants a landlord possession in an eviction case?

Charlie
Charlie

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I am sorry to hear of this issue. It seems that you may be offline. Without the additional information requested, I will do my very best to respond to your question. Here is some information to help (general information only, not legal advice):

  1. What happened in court today. When the landlord (like the business you rent from) "requested possession," that usually means they are asking the judge for a judgment for possession, in other words to evict you, and the court may either have granted it today or will issue a decision very soon. If the judge granted possession, the next step is a writ of possession, which allows the sheriff to remove you.
  2. You still have a short window to act. In North Carolina, after a magistrate enters an eviction judgment, a party generally has 10 days to appeal that judgment for a new trial in district court. (N.C. Gen. Stat. § 7A-228) This is extremely important: if you do nothing, the eviction moves forward, but if you appeal, you can temporarily stop the eviction.
  3. To stop the eviction through the appeal process, you must file a Notice of Appeal with the court within 10 days, pay court costs (or request a fee waiver), and pay rent to the court as a bond or ongoing rent requirement. North Carolina law sets out how a tenant can pay rent in arrears and sign an undertaking with the clerk of superior court to stay execution of the judgment while the appeal is pending. That last part is critical, because if you don't pay, the appeal can be dismissed. (NC Gen Stat § 42-34)
  4. If you don't appeal, the landlord can request a Writ of Possession, the sheriff can post a notice giving roughly 7 days, and then physically remove you if you haven't left.
  5. About paying the rent now, in some cases you may still be able to pay the full amount owed (rent plus fees) or negotiate with the landlord to stop the eviction, but once judgment is entered, the landlord is not required to accept payment.
  6. What you should do immediately in the next 24 to 48 hours: first, confirm the outcome by calling or checking with the clerk to see whether judgment for possession was granted today. Second, decide quickly on an appeal, since if judgment was entered you have 10 days at most and would need to go to the courthouse and file the appeal. Third, contact legal help right away, since eviction help is urgent, and Legal Aid of North Carolina handles eviction defense and may help you file quickly.
  7. Important reality check: eviction cases in North Carolina move very fast, and once the writ is issued, options become limited. The appeal window is your main legal protection right now.

Bottom line: if the court granted possession today, you are on the clock with 10 days. Filing an appeal is the main way to delay or fight the eviction, and you need to act immediately, not later this week. I hope that helps! I wish you the best.

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Eviction in North Carolina.

Lexi

Lexi, Chatbot

I understand that facing an eviction can be a stressful situation. Can you please tell me if you have already received an eviction notice?

I don't know.

Lexi

Lexi, Chatbot

Have you had any communication with your landlord regarding this eviction?

Yes we received eviction.

Lexi

Lexi, Chatbot

Is there anything else the Lawyer should know before I connect you? Rest assured they'll be able to help with your eviction in North Carolina.

We went to court today.

Charlie

Charlie

Hello, my name is Charlie, and I am a licensed attorney. I apologize that you are experiencing these issues, but I will be happy to assist you with your questions today.

What is the reason for the eviction?

Failure to pay March Rent they filed for eviction 3/26 today we went to court they requested possession. Thank you.

Charlie

Charlie

Did the judge order the eviction?

Charlie

Charlie

I am sorry to hear of this issue. It seems that you may be offline. Without the additional information requested, I will do my very best to respond to your question. Here is some information to help (general information only, not legal advice):

  1. What happened in court today. When the landlord (like the business you rent from) "requested possession," that usually means they are asking the judge for a judgment for possession, in other words to evict you, and the court may either have granted it today or will issue a decision very soon. If the judge granted possession, the next step is a writ of possession, which allows the sheriff to remove you.
  2. You still have a short window to act. In North Carolina, after a magistrate enters an eviction judgment, a party generally has 10 days to appeal that judgment for a new trial in district court. (N.C. Gen. Stat. § 7A-228) This is extremely important: if you do nothing, the eviction moves forward, but if you appeal, you can temporarily stop the eviction.
  3. To stop the eviction through the appeal process, you must file a Notice of Appeal with the court within 10 days, pay court costs (or request a fee waiver), and pay rent to the court as a bond or ongoing rent requirement. North Carolina law sets out how a tenant can pay rent in arrears and sign an undertaking with the clerk of superior court to stay execution of the judgment while the appeal is pending. That last part is critical, because if you don't pay, the appeal can be dismissed. (NC Gen Stat § 42-34)
  4. If you don't appeal, the landlord can request a Writ of Possession, the sheriff can post a notice giving roughly 7 days, and then physically remove you if you haven't left.
  5. About paying the rent now, in some cases you may still be able to pay the full amount owed (rent plus fees) or negotiate with the landlord to stop the eviction, but once judgment is entered, the landlord is not required to accept payment.
  6. What you should do immediately in the next 24 to 48 hours: first, confirm the outcome by calling or checking with the clerk to see whether judgment for possession was granted today. Second, decide quickly on an appeal, since if judgment was entered you have 10 days at most and would need to go to the courthouse and file the appeal. Third, contact legal help right away, since eviction help is urgent, and Legal Aid of North Carolina handles eviction defense and may help you file quickly.
  7. Important reality check: eviction cases in North Carolina move very fast, and once the writ is issued, options become limited. The appeal window is your main legal protection right now.

Bottom line: if the court granted possession today, you are on the clock with 10 days. Filing an appeal is the main way to delay or fight the eviction, and you need to act immediately, not later this week. I hope that helps! I wish you the best.

Charlie

Charlie

24,784 satisfied customers

Charlie
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