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North Carolina Complaint for Forcible Entry and Detainer - Defendant Refuses to Surrender Premises on Demand

Category:
Criminal - Complaints
State:
Multi-State
Control #:
US-03314BG
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Word; 
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Description

Unlawful entry is illegal entry upon lands or structures without force but by means of fraud or other willful wrong. It is closely related to housebreaking. But unlike housebreaking, the intent to commit an offense within the place entered is not needed for this offense. The basis of proof for this offense is that the entry was unlawful and that the conduct of the accused was contrary to good order and discipline.


Unlawful detention means keeping in custody unlawfully. Under criminal law it means keeping or confining a person in custody without any lawful reason. In civil law it is keeping in custody real property to which one is not entitled. A person is guilty of unlawful detention of real property when entry is made wrongfully without any right or title into any vacant or unoccupied lands tenements or other possessions.

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FAQ

If, in any action brought to recover the possession of demised premises upon a forfeiture for the nonpayment of rent, the tenant, before judgment given in such action, pays or tenders the rent due and the costs of the action, all further proceedings in such action shall cease.

The CARES Act states that a landlord may not Page 7 -7- ?require the tenant to vacate? the property until 30 days after giving the tenant a notice to vacate. In New Jersey, a landlord may not require a tenant to leave his or her home except through a court proceeding.

116-136) (CARES Act) into law. Section 4024 of the CARES Act imposes a temporary moratorium on evictions.

Section 4024 of the CARES Act prohibits landlords from requiring tenants to vacate ?before the date that is 30 days after the date ? that the landlord provides the tenant with a notice to vacate.? This prohibition applies only when a tenant fails to pay rent or other fees or charges due under their tenancy agreement.

§ 42-14. A tenancy from year to year may be terminated by a notice to quit given one month or more before the end of the current year of the tenancy; a tenancy from month to month by a like notice of seven days; a tenancy from week to week, of two days.

In North Carolina, the legal term for eviction is ?summary ejectment.? The case starts when the landlord files a document that is called a Complaint in Summary Ejectment, which is also called an ?eviction complaint.? In an eviction case, the landlord is the plaintiff. The tenant is the defendant.

The CARES Act, Section 4023 covers multi-family rental real estate properties with 5 or more units, and are backed by a federal loan (HUD, Fannie Mae, or Freddie Mac). This section covers an apartment building with 6 units and an apartment complex with 150 units, but not a quadplex with 4 units.

A ?Federally backed multifamily mortgage loan? has the same definition as ?Federally backed mortgage loan,? except that (i) this loan is secured by a property designed principally for the occupancy of five or more families, and (ii) this loan cannot be a temporary financing loan such as a construction loan.

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