Real Estate Disputes

October 16, 2013 By Wesley Jones

Eviction Attorney in Wilmington, NC

In the state of North Carolina, landlords wishing to evict tenants must use what is known as the “summary ejectment process.” Evicting individuals and/or families from either commercial or residential leased property is something that is taken very seriously in the Old North State. In fact, the court system tends to rule in favor of the tenants, more often than not, especially in cases of residential rentals.

In order for a magistrate to issue an eviction notice, the landlord must provide proof that all of the requirements for the summary ejectment statute have been followed, such as proper notice to the tenant. These matters are handled in small claims court and require valid reasons for the eviction. Examples of justification are:

The tenant(s) have been found guilty of engaging in criminal activity
The rent is past due and the responsible party has been given a 10-day extension in which to pay the amount in full
The lease has expired and the renter(s) refuse to leave the property
Some requirement of the signed lease has been not been met, for which eviction is the agreed upon consequence

After the decision to follow through with the eviction process is made, the landlord next files what’s known as a “Complaint in Summary Ejectment.” For cases in which rent in the amount of $5,000 or less is past due, the landlord can seek reimbursement in small claims court.

The tenant is notified about the complaint through the sheriff’s office. If money is owed, the tenant will be served with court papers in person. Otherwise, the official eviction notice is posted on the rental property premises. A hearing conducted in a court of law by a magistrate is the next step. At that time, it will be determined if the landlord will be able to regain possession of the property.

When it is discovered that the landlord is entitled to evict the tenant(s), the renter(s) will have 10 days to file an appeal in district court. The magistrate will determine how much of the past-due rent the tenant(s) must pay, which will then be posted as bond. The ongoing responsibility of rent must also be taken care of. When an appeal fails to take place, the clerk of the court may then issue a Writ of Possession so the sheriff can legally evict the tenant.

So, if you are having problems with a renter, avoid the temptation to just change the locks! To resolve these matters, the proper procedure must be followed. Attorney Wes Scott Jones is experienced in these matters and will be happy to discuss your situation. Please call Wes to schedule an appointment for a free consultation at 910-256-5800.

October 2, 2013 By Wesley Jones

Commercial Landlord Legal Representation

As a commercial landlord in the state of North Carolina, you may not be aware that trying to handle issues on your own can potentially make matters worse. For example, accepting late payments from commercial tenants can possibly lead to a loss of your rights to terminate the lease or take possession of the property.

In matters of commercial rentals, it is recommended to use the advice of an experienced business attorney, especially when you’re faced with landlord-tenant disputes.

If you are leasing commercial property, having Wilmington attorney Wesley Scott Jones on your team can help prevent a number of headaches later on down the road. As a skilled litigator, business and construction lawyer with extensive experience in commercial real estate matters, Wes is also well-versed in matters pertaining to creating and reviewing contracts, serving as a consultant during disputes, the eviction process, and, should it become necessary, court cases. Over the years, Wes has successfully assisted local businesses including retailers, restaurants, offices, and other commercial establishments resolve matters including:

Overdue rent
Property damage
Breach of lease
Illegal activity on premises
Evictions

In these matters, it’s always best to try and resolve problems before they become a bigger problem. To learn more about your rights and responsibilities as a commercial landlord, please call our office at 910-256-5800 or email us in order to schedule a free consultation with Attorney Wes Jones.

September 25, 2013 By Wesley Jones

LITIGATION TERMS EXPLAINED

Regardless of how many episodes of Boston Legal, Law and Order, or Judge Judy you may have watched, there are scores of legal terms that are often misunderstood.

In an effort to reduce confusion, it’s a good idea to review a legal glossary now and then. Here are a few words from the legal lexicon which you should know if heading to court.

COMPLAINT – The first document filed to start most types of civil lawsuits. It is filed by the Plaintiff.

PLAINTIFF – The party who initiates a lawsuit by filing a Complaint.

CIVIL SUMMONS – The document attached to the Complaint that is served upon you by the Plaintiff (typically by sheriff or by certified mail) that informs you of the filing of the lawsuit against you.

ANSWER – The document filed in response to the Complaint. It is filed by the Defendant.

DEFENDANT – The party who drafts and files an Answer in response to a Complaint.

ALLEGATIONS – Factual statements made in a Complaint or an Answer that constitutes true and accurate statements of fact.

COUNTERCLAIM – The document filed by a Defendant making Allegations against a Plaintiff. This party is called a Third-Party Plaintiff.

Motion – Typically a written request to a judge seeking a ruling of law in favor of the moving party – i.e. the Plaintiff or the Defendant.

BRIEF – A written document drafted by an attorney in support of a Motion.

TORT – A civil injury or wrong to someone’s person or property.

BREACH OF CONTRACT – A civil injury or wrong involving a party’s rights and obligations under a contract.

For help in understanding legal terms that may be relevant to you or your business, please contact Attorney Wesley Jones in Wilmington, North Carolina : 910-256-5800. All initial phone consultations are free.

Wesley Jones is a Litigation Lawyer serving all of Southeastern North Carolina including New Hanover County (e.g. Wilmington, Kure Beach, Wrightsville Beach, Landfall, and Mayfaire), all of Pender County (e.g. Burgaw and Topsail Beach) and all of Brunswick County (e.g. Bolivia, Southport, Ocean Isle, and Oak Island).