I would call your County Disabilities Dept and see if they can help. Are you on section 8? Get a housing voucher of any kind? If so, contact them to see if they can help. It really depends why your being evicted. Is it for non-payment of rent? The COVID memorandum is no more. Are you violating the lease in any way? Is your lease up and the landlord does not want to renew it and u refuse to leave. Your landlord has the right not to renew a lease. You could have been a good tenant but he wants to put a relative in ur apt, he has that right.
"What happens when an eviction case is appealed (in NC)?
The case is scheduled for a new trial before a District Court judge in the same county. Both the landlord and tenant will have a new opportunity to testify and present evidence and witnesses, and the judge will make a new decision about whether the landlord has proven grounds to evict the tenant.
How can I appeal my eviction case?
Either a landlord or a tenant can appeal an eviction decision from small claims court to District Court by filing a Notice of Appeal with the clerk of court. Many tenants also file a Petition to Appeal as an Indigent and a Bond to Stay Execution (see the next two questions).
Do I have to pay to appeal?
In general, in order to appeal, a tenant must timely pay to the clerk of court the appeal costs. Tenants who are unable to pay can ask to be found “indigent,” which means they are not required to advance the court costs. Anyone receiving public assistance through the Supplemental Nutrition Assistance Program (SNAP or food stamps), Temporary Assistance to Needy Families (TANF or welfare) or Supplemental Security Income (SSI) is considered unable to pay. You can find the indigency form here. This should be filed with the Notice of Appeal.
Can I stay in the home while my case is on appeal?
A tenant, including an indigent tenant, must take certain actions if they wish to stay in the property pending an appeal. A tenant, who appeals a magistrate’s judgment, may stay enforcement of the judgment pending the appeal by (i) paying undisputed rent in arrears as determined by the magistrate, unless indigent, and (ii) signing and filing an undertaking “Bond to Stay Execution” with the Notice of Appeal agreeing to pay the tenant’s share of contract rent as it becomes due. In actions based upon alleged nonpayment of rent where the magistrate’s judgment is entered more than five business days before the next rent due date, a tenant is also required to pay prorated rent under the terms of the undertaking. A tenant who fails to pay rent during this time can be evicted before a judge hears the appeal.
Can I represent myself in my eviction case?
Yes. Many people, including both landlords and tenants, represent themselves in small claims court. Self-representation is less common if the case is appealed to District Court, since this is the last opportunity for a trial in the case. If you choose to represent yourself in either court, you will be held to the same rules of evidence and procedure as a licensed attorney. Court officials, such as judges and clerks of court, cannot give you legal advice about your rights and obligations, possible claims or defenses, or the likely outcome of your case.
Can I get free legal assistance with my landlord/tenant case?
Legal Aid of North Carolina is a statewide nonprofit organization that represents some tenants in their housing cases.
You can apply for Legal Aid representation by calling 1-866-219-5262 or applying online."
Tatorhead, also check to see if you have a landlord/tenant assn. Also check on attorney's specializing in landlord tenant law. I know here in CA. tenants rule in my city of San Francisco but the law according to municipalities varies markedly. The city of LA has huge pro tenant law base while nearby cities have almost none, so it varies according to area. You need to check in your own. If you have a Nextdoor option on computer ask the question there to get real on the spot help.
The case is scheduled for a new trial before a District Court judge in the same county. Both the landlord and tenant will have a new opportunity to testify and present evidence and witnesses, and the judge will make a new decision about whether the landlord has proven grounds to evict the tenant.
How can I appeal my eviction case?
Either a landlord or a tenant can appeal an eviction decision from small claims court to District Court by filing a Notice of Appeal with the clerk of court. Many tenants also file a Petition to Appeal as an Indigent and a Bond to Stay Execution (see the next two questions).
Do I have to pay to appeal?
In general, in order to appeal, a tenant must timely pay to the clerk of court the appeal costs. Tenants who are unable to pay can ask to be found “indigent,” which means they are not required to advance the court costs. Anyone receiving public assistance through the Supplemental Nutrition Assistance Program (SNAP or food stamps), Temporary Assistance to Needy Families (TANF or welfare) or Supplemental Security Income (SSI) is considered unable to pay. You can find the indigency form here. This should be filed with the Notice of Appeal.
Can I stay in the home while my case is on appeal?
A tenant, including an indigent tenant, must take certain actions if they wish to stay in the property pending an appeal. A tenant, who appeals a magistrate’s judgment, may stay enforcement of the judgment pending the appeal by (i) paying undisputed rent in arrears as determined by the magistrate, unless indigent, and (ii) signing and filing an undertaking “Bond to Stay Execution” with the Notice of Appeal agreeing to pay the tenant’s share of contract rent as it becomes due. In actions based upon alleged nonpayment of rent where the magistrate’s judgment is entered more than five business days before the next rent due date, a tenant is also required to pay prorated rent under the terms of the undertaking. A tenant who fails to pay rent during this time can be evicted before a judge hears the appeal.
Can I represent myself in my eviction case?
Yes. Many people, including both landlords and tenants, represent themselves in small claims court. Self-representation is less common if the case is appealed to District Court, since this is the last opportunity for a trial in the case. If you choose to represent yourself in either court, you will be held to the same rules of evidence and procedure as a licensed attorney. Court officials, such as judges and clerks of court, cannot give you legal advice about your rights and obligations, possible claims or defenses, or the likely outcome of your case.
Can I get free legal assistance with my landlord/tenant case?
Legal Aid of North Carolina is a statewide nonprofit organization that represents some tenants in their housing cases.
You can apply for Legal Aid representation by calling 1-866-219-5262 or applying online."
Source: https://www.nccourts.gov/help-topics/housing/landlordtenant-issues#:~:text=Either%20a%20landlord%20or%20a,see%20the%20next%20two%20questions).
Tatorhead, also check to see if you have a landlord/tenant assn. Also check on attorney's specializing in landlord tenant law. I know here in CA. tenants rule in my city of San Francisco but the law according to municipalities varies markedly. The city of LA has huge pro tenant law base while nearby cities have almost none, so it varies according to area. You need to check in your own.
If you have a Nextdoor option on computer ask the question there to get real on the spot help.