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10 days to vacate

Discussion in 'Eviction, Recovery of Premises' started by desperate2813, May 26, 2015.

  1. desperate2813

    desperate2813 Law Topic Starter New Member

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    My husband was served eviction papers without notice from the landlord that he was doing so we were served the papers two days before the scheduled court date so my husband was unable to make it to the hearing which was on a Friday the landlord then came the following Monday and said we have to be out in 10 days and he is saying its going to be the following Monday but someone said that weekends and holidays don't count and that I will have until next Friday, my question is do weekends count in the 10 days?
     
  2. mightymoose

    mightymoose Moderator

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    You don't have to move out because the landlord says so. You only have to move when the judge says so. Have you been served any order from the court listing a specific date which you must be out of the residence? If not, you have a lot of days left.
    Do a little research to learn the legal eviction process in NC. Next time you are served a notice to appear in court find a way to get there, even if not served on time. Argue in court about the late service and lack of time to prepare and the date should be postponed. If you fail to appear then decisions are made that go against you without you having opportunity for input.
     
  3. army judge

    army judge Super Moderator

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    In your state, NC, when you fail to appear at an ejectment hearing, you lose by default.
    You also lose your right to appeal.

    The question you want to ask today, were you ever served properly.
    There is a very special and precise way you must be served.

    Check with your local court house and see if you have actually lost the hearing by default.
    You have the information of the documents you were previously served about the hearing you missed.
    You could have attended the hearing, and possibly bought some more time.
    It might be best just to get, if the eviction was last by default.
    If you wait, the sheriff will come and dumpy your junk on the curb, even in the rain!!!

    You can read this:

    http://vannattorneys.com/blog/summary-ejectment-in-north-carolina/

    http://www.nclamp.gov/c_summary_ejectment.asp

    http://www.nccourts.org/forms/documents/348.pdf

    http://baileyandthomas.com/wp-conte...de-to-Summary-Ejectment-Proceedings-in-NC.pdf



    Then you can contact a lawyer.
    Frankly, it might better to just get yourselves gone.
     
  4. desperate2813

    desperate2813 Law Topic Starter New Member

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    We were served by an officer and because of my husbands work and with the fact we only had a two day notice he was unable to go we are not wanting to appeal and we have found a place but it wont be open until next Friday I am just trying to find out if weekends are included in the 10 days
     
  5. desperate2813

    desperate2813 Law Topic Starter New Member

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    We really do not care if we lost and honestly with the conditions of this place we were planning to move after we had requested him to fix several things and he refused, all I want to know is does weekends count so we will know what we need to do at this point.
     
  6. army judge

    army judge Super Moderator

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    All you need to so is ask the court clerk in the who ordered your eviction.
    Or, you could read the information in the link.
     
  7. desperate2813

    desperate2813 Law Topic Starter New Member

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    I've called and this is why I'm asking on here no one can seem to give me a simple yes or no answer that's all I am asking for is yes they count or no they don't count I've read the links and still it gives me nothing it says that weekends count if I'm appealing and we aren't we are moving.
     
  8. army judge

    army judge Super Moderator

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    The Magistrate issues the Writ of Possession upon request of the landlord, if the landlord prevailed.
    In your case, the LL did prevail.
    If No Writ of Possession has been issued, the 10 day clock hasn't yet started.
    The 10 day clock starts the day the Writ of Possession is issued.

    Its my understanding the 10 days INCLUDES weekends, but the eviction isn't carried out on a weekend, meaning if day 10 falls on a Saturday, the eviction will done the following Monday.
    Holidays work the same way.

    There are always exceptions and exigent circumstances, so only the JUDGE can say for sure.
    Nothing I say, or anyone says, except the presiding judge's say will matter to the deputies who arrive to serve the writ.

    If the Tenant failed to appeal, the LL may obtain a Writ of Possession after ten (10) days have expired.
    So, YOU have at least 10 days before the LL can obtain a WRIT OF POSSESSION.
    Nothing can happen in that 10 days.


    The LL must seek execution of the Writ within thirty (30) days after the judgment was rendered.
    It would take at least another day or two for the sheriff to schedule any eviction, and send out the deputies and team to remove your junk.
    I'm guessing you could have about 12-13 days (calendar days) AFTER the hearing, give or take a couple of days!
     
  9. mightymoose

    mightymoose Moderator

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    If you have not been served legal notice of the eviction then the clock likely has not started. The order would have a specific date for you to vacate before.
    You likely have all the time you need to get into your new place. If you haven't done so, make the landlord aware of your intention to move out and on which day you intend to do so.
     
  10. desperate2813

    desperate2813 Law Topic Starter New Member

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    Ok thanks again that's what I was trying to find out, and would they send anything in the mail about the judgment like they did for the eviction summons?
     
  11. army judge

    army judge Super Moderator

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    Again, only the court would know for sure.
    I suggest you simply get moving to get out as quick as you can.
    Because, if the deputies do show up, there will be no more time, no more talking, they'll simply start dumping your stuff on the curb.
    You don;t want that to happen, so get your stuff packed and loaded, and depart for your new digs.
    Take pictures of the unit when you leave, because that's when landlords start claiming you destroyed this, stole that, broke them, etc...
     

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