Facing eviction in Charlotte? Here’s what to know about your rights.
It’s a process that repeats itself, on average, 50 times a day: a tenant is evicted in Mecklenburg County.
Eviction filings increased 12% during the last fiscal year, according to a recent report from the Urban Institute at the University of North Carolina Charlotte. Of the 33,000 eviction filings in the county, more than 18,000 were granted.
Despite the frequency, legal experts and housing advocates say tenants are often unfamiliar with the eviction process and their options.
“Unless you’re doing the work (around housing issues), most people don’t know their full rights,” said Jessica Moreno, an organizer with Action NC whose work covers a variety of social issues including tenant rights.
Conversations about tenant rights in Charlotte have reemerged in recent months after owners of the Lake Arbor Apartments informed residents in July that all units must be vacated by the end of the year for renovations. The notice came after months of complaints and code violations for unsafe and unsanitary conditions.
Eviction cases out of Lake Arbor are now slowly making their way through the court system. Erik Rosenwood, an attorney for Lake Arbor, said in a statement that owners trying to avoid formal evictions and encourage tenants to work with nonprofits for relocation assistance.
An eviction can have years-long consequences on a tenant’s credit history, Moreno said, and makes finding another place to rent even more challenging in city already lacking in affordable housing.
Know your rights
Tenants often have common questions about evictions, said Moreno and Isaac Sturgill, an attorney with Legal Aid of North Carolina’s Charlotte office about tenant rights, in interviews with the Observer. Legal Aid and Action NC are assisting some Lake Arbor residents.
Here are some things to remember:
▪ A verbal or written notice from your landlord to leave is not a legal eviction. The only legal way a landlord can evict is through a court order.
▪ If you’re facing eviction, you will receive a summons and have the right to appear in small claims court to present your defense. Tenants may also bring counterclaims to court, such as evidence of a landlord not making repairs to the property.
▪ Unlike other states, North Carolina law generally doesn’t allow tenants to withhold rent until repairs are made, Moreno said. There are a few specific instances when rent can be withheld in here, such as if a judge or magistrate orders it.
▪ Landlords cannot change the locks, or withhold or remove belongings before an eviction is granted, Sturgill said.
▪ If you miss your court date: Tenants have 10 days to appeal the eviction ruling and have the right to stay in the unit during the appeal as long as they continue to pay rent, Sturgill said.
▪ North Carolina law protects tenants from retaliatory evictions. Landlords cannot evict as retribution for calling code enforcement, asking for repairs, or organizing with other tenants.
▪ Hiring an attorney isn’t required but a recent analysis by UNCC’s Urban Institute found landlords are much more likely to appear in court with a lawyer than the tenant facing eviction. Through county funding, Legal Aid takes on many eviction cases on behalf of tenants.
Legal Aid’s housing hotline is 704-594-8662, extension number 4.
This work was made possible in part by grant funding from Report for America/GroundTruth Project and the Foundation For The Carolinas.