• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
Crisis Assistance Ministry

Crisis Assistance Ministry

Charlotte, NC

  • Programs
    • Basic Needs
      • Emergency Financial Assistance
      • Free Store
      • Furniture & Appliance Store
      • COVID-19 FAQ’s
    • Economic Mobility
    • Civic Engagement
      • Financial Security CLT
      • Poverty Simulations
    • Partner Agencies
  • Impact
  • Volunteer
  • Blog
    • Advocacy News
    • Agency News
    • Customer Stories
    • Donor Stories
    • Volunteer Stories
  • About
    • About Us
    • Leadership Team
    • Board of Directors
    • Join Our Team
    • Financial Reports
    • For the Media
    • Contact Us
  • Ways to Give
    • Make a Financial Donation
    • Donate Clothing & Household Goods
    • Donate Furniture & Appliances
    • Amazon Wishlist
    • Donation Drives
    • Donate Stock
    • Donate a Car or Motor Vehicle
  • Donate Now

Eviction: Know Your Rights

Being served with a summons to eviction court is panic inducing. If you or someone you know receives court papers like the one below, the best advice is to stay calm, learn the process, and know your rights.

September 1, 2021

Updated January 12, 2022

Eviction. 

It’s an ugly word that connotes anxiety, despair, and homelessness. 

And, unfortunately, it’s a word that features in the mealtime discussions of many families in our community. 

After being suspended for many months as a result of the COVID-19 pandemic, eviction proceedings are underway again in Mecklenburg County.    

Among the thousands of families facing potential homelessness are our most vulnerable neighbors, many of whom were served at Crisis Assistance Ministry long before anyone had heard of COVID-19. But now, many who felt financially secure are suddenly experiencing the reality of not being able to pay rent. 

Being served with a summons to eviction court is panic-inducing. If you or someone you know receives court papers like the one below, the best advice is to stay calm, learn the process, and know your rights. 

Keep in mind, landlords generally do not want to evict their tenants. Reaching a compromise is the best way to keep tenants housed and landlords in business. Everyone who is served a court summons for eviction is encouraged to pursue mediation.  Contact the Charlotte-Mecklenburg Community Relations Dispute Settlement Program or call their Landlord-Tenant Line at 704-336-5330. 

The Eviction Process:  Six Key Points  

1. Landlords must follow a formal, legal process for eviction.  

  • The only legal way for a landlord to evict you is by filing a lawsuit and getting an eviction judgment against you. 
  • It is illegal for a landlord to change the locks without a court order, disconnect utilities, or use other means to force you out. 
  • Only the sheriff can legally remove you from your home. 

2. The eviction lawsuit has two main parts: 

  • The summons, which is a notice of the date, place, courtroom, and time of the hearing. 
  • The complaint, which outlines the landlord’s case against you.  (Section 3 in image above) 

3. You are not required to go to court and will not be arrested for not appearing.  However, the magistrate will then rule based only on the landlord’s evidence, and it’s likely an eviction judgment will be entered against you. 

4. If you want to dispute any of the landlord’s claims, you must go to court. 

  • Arrive at least 15 minutes before the scheduled hearing. 
  • Bring 3 copies of any relevant documentation (receipts, requests for repairs, lease, etc.). 
  • Print out any electronic evidence such as texts, emails, and photos. The magistrate will not look at your phone. 

5. You have the right to appeal, even if you didn’t attend the hearing. 

  • An appeal must be filed within 10 calendar days after the date of the judgment. 
  • If you appeal, you will get a new trial in front of a new judge. 
  • Forms are available at the SelfServe Center in room 3350 at the Mecklenburg County Courthouse. 
  • If you pay a rent bond to the court, you can stay in your home while you wait on your appeal trial. 

6. If you don’t appeal, you may stay in your home for 10 calendar days after the court date.  

  • If you are unable to reach a payment agreement during that time, your landlord will file for the Writ of Possession.   
  • You will receive notification of the date of eviction. If you have not moved out before then, the sheriff will arrive on that day to padlock the home. 
  • Your landlord must provide you the opportunity to retrieve your possessions from the home. If you don’t remove your possessions within 7 days of when the sheriff removes you from the home, the landlord can dispose of your property. 

For more information and legal consultation, contact Legal Aid of North Carolina online or by phone at 704-594-8662. 

Want to do your own research?  Here’s Chapter 42 of the North Carolina General Statues:  Landlord and Tenant. 

Donate Now to Prevent Eviction & Utility Shut-offs

Filed Under: Advocacy Tagged With: COVID-19, Eviction

Primary Sidebar

Browse by Category

  • Advocacy
  • Agency News
  • Campaign
  • Customer Stories
  • Donor Stories
  • Special Interest
  • Volunteer Stories

Recent Posts

  • Deborah stands to speak holding her notes in a decorated conference room.Deborah: Growing Stronger As An Advocate
  • Red Ventures Invests in Neighbors’ Potential
  • Something Needs Doing And You Can Do It
  • Sometimes You Need A Friend
  • Meet Ed – A Grandfather Giving Back

Search

Follow

  • Facebook
  • Instagram
  • LinkedIn
  • Twitter
  • YouTube

Footer

Crisis Assistance Ministry

Preventing homelessness.
Preserving dignity.
  • Facebook
  • Instagram
  • LinkedIn
  • Twitter
  • YouTube

Contact Us

  • (704) 371-3001
  • Send us a message
  • Main Office:
    500-A Spratt St.
    Charlotte, NC 28206
  • Tax ID
    EIN 56-1416719

Newsletter

Stay up-to-date by subscribing to our newsletter.

Join Our Mailing List

Search Our Site

Recent Photos

crisisassistmin

Open
When this small but mighty team from @redventures arrived on a recent morning, they brought sausage biscuits, juice, water, willing hearts, and inquisitive minds. They came not only to serve but to learn— "in hopes of embedding empathy into our everyday work." {Read more at the linkinbio}

crisisassistmin

Open
"I enjoy doing it and knowing we're doing something to help people."
"You volunteer because something needs doing and you can do it"
It's as simple as that for this group of #volunteers from St. John's Episcopal Church who we recently dropped in on as they spent the morning inspecting and preparing donated clothing and household goods for Free Store shoppers.
Volunteer opportunities for groups and individuals, onsite or off-site, are available right now through the volunteer tab on our website.

crisisassistmin

Open
One of the upsides of pandemic-inspired innovation are expanded grassroots partnerships like this one with @project70forward which brought new shoes and other essentials to a Pop-Up Shop for @home4mefostercare participants in Hidden Valley. Gotta love the smiles on these faces!

crisisassistmin

Open
Swipe for a Mother's Day message to all the parents out there struggling right now, from the heart of an adult who grew up in a family a lot like yours.

crisisassistmin

Open
We couldn't let 5/3 come to a close without saying a HUGE thanks to our friends from @fifththirdbank who shared their special day with the 100+ families served here each day. Happy Fifth Third Day!

#53day

crisisassistmin

Open
We're still celebrating firsts here! Last week we hosted the first corporate-led group of @BankofAmerica #volunteers since the pandemic began. With their help, families who shop here for essentials will find what they need in the Free Store this week. Help us say thanks!

crisisassistmin

Open
Time is running out to double your impact and your gift. Make a donation today to offer help and hope for our neighbors in need. You can make a difference with a life-changing gift by midnight on April 30.

crisisassistmin

Open
Early voting in Mecklenburg County begins TODAY. Primary day is just 3 weeks away on May 17. 
What's your plan?  When and where will you vote?
This year's primary includes US Senate and House, some State Senate and House districts, Charlotte Mayor, City Council, County Commissioners, Sheriff, District Attorney . . .  These local roles often have a more direct impact on our daily lives than higher profile national races.

crisisassistmin

Open
LOVE the sweet message these @UNCCharlotte 49er #volunteers added to a dresser they built themselves for families served by our Furniture & Appliance Store. ❤️❤️ Furniture recipients are referred by a network of 100+ partner agencies across Mecklenburg County to shop free of charge for essential items like dressers, couches, tables & chairs, and even appliances that are donated by the community.

© 2022 · Crisis Assistance Ministry · Charlotte, NC · Privacy Policy · Site by Rabell Creative