The relationship between a landlord and a tenant is governed by a strict set of rules found in North Carolina General Statutes Chapter 42. When a dispute arises over an eviction (Summary Ejectment) or a security deposit, the initial battle usually happens in Small Claims Court. However, the Magistrate’s decision is often just the beginning.
At the Law Office of Stephen E. Robertson, PLLC, we provide aggressive representation for both landlords and tenants in appeals to District Court. Whether you are a landlord dealing with a non-paying tenant or a tenant facing an unfair eviction, we ensure your case receives the “de novo” (completely new) trial it deserves.
“In the complex world of North Carolina rental law, you need an attorney who knows the deadlines. One missed day can mean the difference between keeping your home or losing your investment.”
Appealing a Summary Ejectment (Eviction)
If you lose an eviction case in Small Claims Court, the clock starts ticking immediately. You have only 10 calendar days to file an appeal to District Court.
For Tenants: Staying in the Home
To remain in the property while the appeal is pending, you must:
- File a Notice of Appeal: Within the 10-day window.
- Post a Rent Bond: You must pay the “undisputed” back rent to the Clerk of Court.
- Pay Ongoing Rent: You must continue to pay your monthly rent to the Clerk’s office as it becomes due. Failure to pay the bond or the ongoing rent within 5 days of its due date will result in the landlord obtaining a Writ of Possession, and the Sheriff will remove you regardless of the pending appeal.
For Landlords: Expediting the Process
If a tenant appeals simply to “buy time” without paying the required bond, we move quickly to dismiss the appeal or obtain a Writ of Possession so you can regain control of your property and stop the financial loss.
Security Deposit Disputes and Itemization
Under the North Carolina Tenant Security Deposit Act, landlords have strict obligations:
- The 30-Day Rule: Landlords must return the deposit or provide an itemized list of deductions within 30 days of the tenant moving out. If the damage cannot be fully calculated, an interim notice is required within 30 days, with a final accounting within 60 days.
- Wear and Tear: Landlords cannot deduct for “normal wear and tear” (e.g., faded paint or worn carpet).
- Penalties: If a landlord “willfully” fails to follow these rules, a tenant may be entitled to recover not just the deposit, but also their attorney’s fees.
We represent landlords in defending against frivolous deposit claims and help tenants recover funds that have been wrongfully withheld.
Lease Violations and Self-Help Evictions
It is important to remember that “self-help” evictions are illegal in North Carolina. A landlord cannot change the locks, cut off utilities, or remove a tenant’s belongings without a court order. We represent tenants in seeking damages for “wrongful eviction” if these tactics are used.
Conversely, we assist landlords in drafting and enforcing comprehensive lease agreements that clearly define “material breaches”—such as illegal activity or unauthorized pets—providing a solid legal foundation for eviction if the tenant fails to comply.
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Why Hire an Attorney for a Landlord-Tenant Appeal?
While Small Claims Court is informal, an appeal to District Court is a formal trial. The North Carolina Rules of Evidence and Civil Procedure apply in full. This is where professional legal representation becomes indispensable. We handle the discovery process, witness testimony, and legal motions necessary to win your case on the merits.
Contact us today to schedule a consultation for your Greensboro or Durham landlord-tenant dispute.