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received complaint in summary ejectment nc Eviction Notice

Discussion in 'Eviction, Recovery of Premises' started by thelilacdoll, May 15, 2014.

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  1. thelilacdoll

    thelilacdoll Law Topic Starter New Member

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    I did receive Complaint in summary ejectment,


    Middle of the March 2014 I did pre-signed lease for the year of 2014 ( I lived in the same apartment complex for 4 years with my dogs)Later I did find out amount on lease was wrong - $ 10 more, that is should be.
    By end of the March ( 27/3) I was walking my dogs in between two buildings in pet area. While clean up after dog, my dogs started barking and I saw a man walking towards us ( about 30 feet ) , he walked like he was under an influence of something.. I did ask him to stop ( there was another way walk around us) , so I could re-direct my dogs, he would not stop or answer me but continue walking,I was holding my dogs in one hand ( 65 and 80lbs)-they started pulling me downhill, and I did lost control of one of them.. he ran about 5 feet( leash is on 2.5) towards the man a started barking at his feet.... to try to push him away from us.. ( dog is 8 years old, CGC certify, never have problem with anyone ..dogs, cats, people) I called my dog back, dog turn around and walked back to me, when man kicked him....a man continue walking towards us... it took less then a minute, all incident.. I hold my dogs, when he walked away( right in front of my dogs noses).. when he was on the other side of the road, he started screeaming, that my dog bite his toe ????, I asked him, to check it out, if there is something, .. of course there was nothing, he would not even stop... just continue walk ( he was definitely under something) My dog is rescue and has problem with people who smell like drugs or alcohol..I went home, still shaking and put all of it on my facebook. I did not know who was this man, never met him before... and he did scare me........Week after on 4/2 I did receive letter from property management, that my dog bit ( there was a name) on foot, and that is why I have 72 hrs to remove my dogs from my Apartment.I did call office , what happened.. if there is any doctors note, or police reports, or someone did call police...of course nothing.. just B/C he said so. i did write letter to regional manager.. and never received any answer back... I was waiting for a new lease to sign, because my old oneend on 4/12
    There was no lease send to me... on 4/7 I did receive note from the office, that my rent is late- ON NOTE WAS A NEW AMOUNT FOR MONTH ( did not break for new and old lease.. 12/18 days) AND DID INCLUDE MONTHLY PET FEES.
    I did pay everything, thinking, that they took my comments, and my dogs are fine here ( I also have my doctor note that my dogs are very important for my mental health since I do have severe depressions)..........on 5/5 I received letter, that why I did not moved out by MAY 1st, and when I am planning to moved out.. I was shocked!!!!! I did call office and spoike with manager.. why shoudl I moved out, since the already charging me a new rent amount including pet fees!.. He did not say anything.. and two days later i did receive Complaint in summary ejectment, which has written, that my lease end on 4/2015.. amount on lease is wrong,, and says.. that there was breach of condition lease and failure to remove pets from dwelling.

    I need help to understand what is going on and what are my chances to be able to win
    .........I was "attacked" by strange man( who could even have a gun or something ), who did kick my dog, my dog never even touched him ,except when man kicked him... later I learn that a man was "working:" on cleanning apartment?.. within 50 feet from place we stand ed there was no apartment vacant...I do work as a volunteer with rescue org, and many people here know my dogs, .all of these people where shocked, that this man kicked my dog..
    There was no doctor note, no police report, (also if dog bite someone, there will be blood, and "evidence" od attack. If it was me, I would ask if dog has his shots), Letter from the office about removing my dogs came about week later?????, I was charged pet fees even for this month? There is no payment rent issues-never was)
    I would like to move, but it is hard to find a place where they will take dogs, or because of my RA, fibro, and few more painfull diagnoses I can not work full time, so paying my bills is very hard as it is... Ido not have 600- 700 dollars for pet fees upon moving ... Thank you for reading and any help :eek:)
     
  2. army judge

    army judge Super Moderator

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    You can't win that legal fight. You're being evicted. No note from a physician can force a landlord to allow you to have dogs. If your dog attacks anyone, that's another issue that can (and apparently did) cause you trouble.


    You might want to read this. It'll help you understand SUMMARY EJECTMENT:

    http://www.highpointnc.gov/hr/lthandbook.cfm

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

    http://corporate.findlaw.com/business-operations/summary-ejectment-a-k-a-eviction-overview.html



    Depressed or not, no landlord is legally obligated to rent to you with a dog, or an entire pack of dogs. So, you're depressed?
    I have PTSD from years of serving in combat between 17 to 22 years old, and a couple times later. It isn't my excuse to do whatever I won't and pop out my PTSD card. I'm required to obey all laws and honor ALL contracts I sign, or face a penalty.

    You can always BUY a house, and be YOUR own landlord.

    You'll eventually be evicted, issues or not, dogs, too.

    I suggest you find other accommodations, or you'll be homeless.

    You might want to settle this eviction mess. With the smear if an eviction suit (not just losing it), just being sued, you'll find renting almost IMPOSSIBLE.

    I suggest you fix it.
     
    Last edited: May 15, 2014

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