• Summary Ejectment Questionnaire

  • Directions to Complete this Questionnaire

     

    When filling out the questionnaire, there are a number of things we want you to take into consideration:

    1.  Despite the fact you may have discussed some of the things in the questionnaire with us on the telphone, please ensure you still capture everything about your case. Our attorneys and intake people speak with numerous clients throughout the day, so it is impossible to remember the facts and circumstances surrounding our consults;

    2.  When typing in the fields, please ensure you structure the information properly.  For example, do not type in all lower case such as "123 main street," you should type it as "123 Main Street."  While it may seem like common sense, you would be suprised;

    3.  To the extent you know the tenant's full name, please include it.  This will assist in the judgment being rendered against the proper party.  The same holds true for the telephone number, as well as the email address.

  • PLAINTIFF/LANDLORD INFORMATION

    The Plaintiff information is your information. Not the tenant's information.
  • Is the Plaintiff an individual(s) or a company?*
  • Is there a tradename or a DBA for the company which is different than the name that is registered with the Secretary of State?*

  • OWNERSHIP STATUS

    In this next section, you will provide information concerning the ownership of the property. In order to proceed with filing of the complaint for summary ejectment/eviction, a rightful owner, or a person with the authority to act on behalf of the rightful owner, must be the plaintiff. The following questions will assist us in our preparation of the complaint.
  • Are you, a spouse or another person entitled to possession, on the deed for the property? NOTE: In the event the property was, or is currently in the probate process, select "No." Additionally, if you are filing out this form on behalf of someone who has given you the authority to fill it out, select "Yes."*
  • Probate Estates. Is this a property that was acquired, or is in the process of being acquired, through the death of the original owner of the property?*
  • Probate Started. Has the probate process been started, or completed?*
  • Is the probate process complete?*
  • Probate Status. Has the estate and property been fully probated, and the court has ordered possession of the property to the current owner ?*
  • Executor of the Estate. Has the court appointed an executor of the estate?*
  • Are you the executor of the estate, or are you filling out this information sheet on behalf of the executor of the estate?*
  • Format: (000) 000-0000.
  • Do you currently have an attorney handling the probate process?*
  • Format: (000) 000-0000.

  • PLAINTIFF CONTACT INFORMATION

    Please provide information for the primary contact for this matter. For individuals, this should be the party who has the legal authority to evict the tenant from the property. For companies, this should be the individual who will be the primary contact.
  • Do you have a property manager?*

  • PROPERTY MANAGER CONTACT INFORMATION

    This will be not only for our office, but also for purposes of the scheduling of the Writ.
  • Will you be at the hearing? NOTE: There is no requirement for you to be at Magistrate Court hearing.*

  • EVICTION PROPERTY INFORMATION

  • What kind of property is this?*
  • Do you own the mobile home?*
  • Can the mobile home be moved from the property?*

  • TENANT INFORMATION

  • How many tenants are on the lease? NOTE: This is how many are on the lease agreement itself. If there are individuals in the property who are not on the lease, they are Occupants, not tenants.*

  • TENANT INFORMATION

    Please provide as much contact information about your tenant as possible. If you don't know some of the information, leave it blank
  • Format: (000) 000-0000.
  • Is Tenant 1 an Individual or a Company?
  • Format: (000) 000-0000.
  • Is Tenant 2 an Individual or a Company?
  • Format: (000) 000-0000.
  • Is Tenant 3 an Individual or a Company?
  • Format: (000) 000-0000.
  • Is Tenant 4 an Individual or a Company?

  • TENANT ACTIVE DUTY STATUS

  • Are any of the tenants active duty, or Reserve or National Guard members currently on an Active Duty Status?
  • Is the tenant currently deployed?*

  • LEASE INFORMATION

  • Type Of Lease. NOTE: In North Carolina, a lease does not have to be in writing. It can be an oral agreement between you and the tenant. Additionally, even if the lease is expired, you still have a lease agreement. In North Carolina, an expired lease agreement becomes a month to month lease by default.*
  • Do you have a copy of the lease agreement?*
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  • What type of housing and lease is this? Please only select one.*
  • When did the lease start. You can put an approximate date if you are unsure*
     - -
  • Next Rent Due Date. NOTE: This is the beginning of the month of the next rental period from when you are filing out this form. For example, if you are submitting this form on the March 15, 2022, the rent due date will be April 1, 2022 if the rent is due on the 1st of the month.*
     / /
  • Rent Collection. When is rent collected?*
  • Does the lease allow for the award of attorney fees? NOTE: The lease must specifically state that attorney fees are allowed*

  • SECTION 8/PUBLIC HOUSING INFORMATION

  • What contact information do you have for the Housing Authority*
  • Have you contacted the Housing Authority or caseworker about the tenant?*
  • Was the contact in writing (email, letter, etc)?*
  • Do you have a copy of the correspondence? Note: Select yes if you have a copy, or will be able to find a copy of the correspondence. You will receive an email from us with a link to upload any documents.*

  • BASIS FOR EVICTION AND DAMAGES

  • What is the reason you are seeking an eviction? NOTE: You will only be able to select one option. The options below are listed from most common.*

  • NON-PAYMENT OF RENT

  • Do you need to account for a partial month?*
  • Have you sent, or given, the tenant a notice of non-payment of rent? Note: This includes both written and verbal notices*
  • How was the notice of non-payment sent to the tenant? Note: You can select multiple*
  • Do you have a copy of the non-payment notice to upload? Note: If you don't have a copy of the notice right now, leave this question blank, and continue completing the form. You can save the form for later, and return once you have a copy available.*
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  • Do you have a rent ledger that you keep? Note: The rent ledger can include bank statements, Venmo, CashApp, or any other documentary evidence that supports the tenant stop making payments*
  • Do you have a copy of the rent ledger to upload? Note: If you don't have a copy of the notice right now, leave this question blank, and continue completing the form. You can save the form for later, and return once you have a copy available.*
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  • Do you have late fees SPECIFICALLY WRITTEN into your lease agreement? Note: You cannot charge late fees unless they are specifically written in your lease.*
  • Have you had any other communication with the tenant concerning the non-payment of rent other than any notices you may have sent?*
  • Other than any notice you have sent, do you have other communications with the tenant concerning the non-payment of rent?*
  • Non-Payment Communications. Note: If you don't have a copy of the notice right now, leave this question blank, and continue completing the form. You can save the form for later, and return once you have a copy available.*
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  • HOLDOVER TENANT

  • Date Lease Ended. NOTE: Only enter a lease expiration date if the current lease has expired, and proper notice has been given, meaning that the tenant was supposed to vacate the property on a certain date, and is still in the property at this time. This will usually apply to a holdover tenancy where proper notice has been given. THIS DOES NOT MEAN THE LEASE HAS ENDED BECAUSE IT EXPIRED, AND PROPER NOTICE HAS NOT BEEN GIVEN. If the lease has not ended, leave blank.
     / /
  • Have you sent, provided, a notice of termination or non-renewal to the tenant? Note: This notice can also be verbally given.*
  • What date was the notice or non-renewal provided*
     - -
  • What date was the tenant supposed to vacate the property?*
     - -
  • How was the non-renewal/termination notice sent/provided to the tenant? Note: You can select multiple*
  • Do you have a copy of the nonrenewal/termination notice available? Note: If you don't have a copy of the notice right now, leave this question blank, and continue completing the form. You can save the form for later, and return once you have a copy available.*
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  • Have you accepted ANY MONEY after you informed the tenant of the termination of the lease agreement?*

  • BREACH OF THE LEASE

  • Is one of the breaches of the lease agreement non-payment of rent? NOTE: Non-payment of rent must be specifically identified as a breach of the lease agreement in your lease. This does not mean that the lease simply states that rent is due on the 1st of the month.*
  • Is there another breach of the lease OTHER THAN ,OR IN ADDITION TO, the non-payment of rent, criminal conduct, or holdover tenancy?*
  • Have you sent a notice of the breach to the tenant? Note: This notice can also be verbally given.*
  • How was the breach notice sent/provided to the tenant? Note: You can select multiple*
  • Do you have a copy of the breach notice available? Note: If you don't have a copy of the notice right now, leave this question blank, and continue completing the form. You can save the form for later, and return once you have a copy available.*
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  • Have you accepted ANY MONEY after you informed the tenant of the breach of the lease agreement?*

  • CRIMINAL CONDUCT

  • Did the criminal conduct occur on the property?*
  • Has a police report been filed, or were the police called to the property?*
  • Do you have a copy of the police report? Note: If you don't have a copy of the notice right now, leave this question blank, and continue completing the form. You can save the form for later, and return once you have a copy available.*
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  • Have you sent, provided a notice of the criminal conduct to the tenant? Note: This notice can also be verbally given.*
  • How was the criminal conduct notice sent/provided to the tenant? Note: You can select multiple*
  • Do you have a copy of the criminal conduct notice available? Note: If you don't have a copy of the notice right now, leave this question blank, and continue completing the form. You can save the form for later, and return once you have a copy available.*
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  • Have you accepted ANY MONEY after you informed the tenant of the criminal conduct, or after you became aware of the criminal conduct?*

  • ADDITIONAL MONEY DUE

  • Are there any utility payments due? NOTE: This includes things such as electric, gas, water, trash, rental insurance, etc. These items must be SPECIFICALLY MENTIONED IN THE LEASE AGREEMENT, AND YOU MUST HAVE RECEIPTS SHOWING PAYMENT. If neither of these apply, select "No.".*
  • Do you have a copy of the utility receipts available? Note: If you don't have a copy of the notice right now, leave this question blank, and continue completing the form. You can save the form for later, and return once you have a copy available.*
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  • Are there any additional monetary damages other than what has already been covered?*

  • ADDITIONAL INFORMATION

  • Have you attempted to settle this matter with the tenant?*
  • Have you done any of the following? These are known as self-help eviction methods and are illegal in North Carolina. We need to know in order to prepare for trial. Don't hold anything back. If something is not listed, please select other.*

  • PRIOR COURT PROCEEDINGS

  • Have you already filed a complaint for this matter? Note: This is a current lawsuit against the tenant, not one you have filed in the past*
  • Do you have/know any of the following information? Note: You can select multiple*
  • Do you have a copy of the complaint readily available? Note: If you don't have a copy of the notice right now, leave this question blank, and continue completing the form. You can save the form for later, and return once you have a copy available.*
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  • Date for trial?*
     - -
  • Have you had any past court proceeding for this, or anything else with the tenant?*
  • Was it for an eviction?*
  • What type of court proceeding was it?*

  • DISPOSITION OF PROPERTY AFTER EVICTION

  • The purpose of this section is to give us an understanding as to your goal after the eviction process is completed. This will enable us to formulate a plan based upon where you want to end up. While the process is generally the same whether you intend on selling your property or holding it, there are variances in the moving parts to get you to your desired result quickly.

  • What is your plan for the property after the eviction, or what are you contemplating doing with the property?*
  • Whether you decide to sell or hold the property, would you like to have a market analysis done on the property to have an understanding on how much you would make from a sale? This way you get a good assessment on how much your property is worth in the current market, and it is free.*
  • Do you currently have a mortgage on the property?*
  • Does any of the following pertain to the property?*
  • Do you have an idea of how much you would like to sell the property for?*
  • How fast would you like to sell the property after the eviction?*
  • Would you consider selling the property with the tenant in place? NOTE: There is nothing that prevents a property from being sold while a tenant is in place. Usually, but not necessarily, the sale will be to an investor with a cash offer. Investors are usually willing to purchase the property during the ongoing litigation process, which helps you get rid of the property quicker if you so desire*
  • Are you currently working with a real estate agent*
  • Have you signed a listing agreement with the Agent? A listing agreement is what you sign saying the agent is representing you for the real estate transaction?*

  • Listing Agent Agreements

     

    As a practical matter, we strongly encourage you not to sign a listing agreement with an real estate agent without speaking with us first.  While it is generally fine for you to have spoken to an agent, or continue to speak to them, sometimes agents are extremely overzealous when it comes to listing a property, especially when they have a low volume of listings, and seek to lock in an owner.  While we love working with real estate agents, in our experience, it is best to hold off and make the decision a little later. This will prevent any delays or other legal pitfalls in the eviction process, including the making of mistakes that can end up costing you tens of thousands of dollars. One of the most fatal mistakes made by real estate agents is attemptingto gain access to the property while an eviction is pending, listing the property while an eviction is pending, or other means and methods which interfer with the landlord tenant relationship.  Once a listing agreement is signed, you are pretty much locked in until the sale of your property.  Just be patient. 

  • Are you planning on selling on your own, or will you look for an agent later?*
  • As we said in the introduction to this section, sometimes real estate agents can screw up the eviction process. We have seen it time and time again, and it makes our job difficult, as well as ends up costing the landlord additional money to get the matter resolved. We work with a few real estate agents who understand the process, and understand that patience on their end is the most beneficial for the landlord. They also won't push you to sell you property just to make a buck. Would you like for us to put you in contact with an agent to assist you to ensure the process from eviction to sale goes smoothly?*
  • Since you plan on selling on your own, do you wish for our firm to assist in the preparation of documents necessary for your self sale? NOTE: These documents generally include the offer to purchase agreement, mandatory disclosures, title search and other documents related to the closing process.*
  • Would you like for our firm to assist you with the closing process. Note: An attorney is required to close all real estate actions in North Carolina*
  • Are you considering receiving a cash offer for your property? NOTE: Cash offers usually allow the property to close quickly, sometimes in less than a week, because there are not as many parties involved in the process (lenders, mortgage companies, etc). Additionally, usually all inspections are waived, and the property is provided to the purchaser in as is condition.*

  • ADMINISTRATION SECTION

  • Date
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  • SCRA AFFIDAVIT

  • 1.As of the current date: (check one of the following)*
  • 2. Have you received military orders?*
  • 3. Did you use the SCRA website?*
  • Will the SCRA website results be attached?*
  • Should be Empty: