Summary Ejectment Information Sheet (ILL) (Feb 2023)

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?*

IndividualCompany
Company Name as registered with the Secretary of State*
Is there a tradename or a DBA for the company which is different than the name that is registered with the Secretary of State?*

YesNo
What is the tradename or DBA*
What is the EIN for the company*
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."*

YesNoI don't know
Name on Deed. Please provide the name of the individual who is currently on the deed.*
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?*

YesNo
Probate Started. Has the probate process been started, or completed?*

YesNo
Is the probate process complete?*

YesNo
Probate Status. Has the estate and property been fully probated, and the court has ordered possession of the property to the current owner ?*

YesNo
Executor of the Estate. Has the court appointed an executor of the estate?*

YesNo
Are you the executor of the estate, or are you filling out this information sheet on behalf of the executor of the estate?*

YesNo
Executor First Name*
Executor Last Name*
Executor Email*
Executor Phone Number*
Do you currently have an attorney handling the probate process?*

YesNo
Law Firm Name
Probate Attorney First Name
Probate Attorney Last Name
Probate Attorney Email
Probate Attorney Phone Number
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.
Plaintiff First Name*
Plaintiff Last Name*
Plaintiff Entity Contact First Name*
Plaintiff Entity Contact Last Name*
Plaintiff Email*
Plaintiff Mobile Phone*
Mailing Street Line 1*
Mailing Street Line 2 (APT, Suite, ect.)
Mailing City*
Mailing State*
Mailing Zip Code*
Plaintiff County*
Do you have a property manager?*

YesNo
PROPERTY MANAGER CONTACT INFORMATION

This will be not only for our office, but also for purposes of the scheduling of the Writ.
Property Manager First Name*
Property Manager Last Name*
Property Manager Email*
Property Manager Phone Number*
Property Management Company Name
Will you be at the hearing? NOTE: There is no requirement for you to be at Magistrate Court hearing.*

YesNo
PROPERTY INFORMATION
Property Street Line 1*
Property Street Line 2 (APT, Suite, Unit, etc)
Property City*
Property State*
Property Zip*
Property County*
What kind of property is this?*

Single Family HomeCondoManufactured/MobileVacant Land
Do you own the mobile home?*

YesNo
Who owns the mobile home?*

TenantOther
Can the mobile home be moved from the property?*

YesNoI don't know
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.*

1234
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
Tenant 1 Name*
Tenant 1 Telephone Number
Tenant 1 Email
example@example.com
Is Tenant 1 an Individual or a Company?

IndividualCorporation
Tenant 2 Name*
Tenant 2 Telephone Number
Tenant 2 Email
example@example.com
Is Tenant 2 an Individual or a Company?

IndividualCorporation
Tenant 3 Name*
Tenant 3 Telephone Number
Tenant 3 Email
example@example.com
Is Tenant 3 an Individual or a Company?

IndividualCorporation
Tenant 4 Name*
Tenant 4 Telephone Number
Tenant 4 Email
example@example.com
Is Tenant 4 an Individual or a Company?

IndividualCorporation
TENANT ACTIVE DUTY STATUS
Are any of the tenants active duty, or Reserve or National Guard members currently on an Active Duty Status?

YesNoI don't know
Is the tenant currently deployed?*

YesNo
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.*

OralWritten
Do you have a copy of the lease agreement?*

YesNo
Lease Agreement Upload. NOTE: For documents that are more than one page, you must upload it as one file, not as individual pages*

Cancelof
What type of housing and lease is this? Please only select one.*

ConventionalPublic HousingSection 8
When did the lease start. You can put an approximate date if you are unsure*

MonthDayYear
Date
Rate of Rent. If tenant is a section 8 tenant, please put the tenant's share. DO NOT INCLUDE THE AMOUNT PAID BY THE GOVERNMENT.*
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.*

MonthDayYear
Date
Rent Collection. When is rent collected?*

MonthlyWeekly
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.

MonthDayYear
Date
Does the lease allow for the award of attorney fees? NOTE: The lease must specifically state that attorney fees are allowed*

YesNo
SECTION 8/PUBLIC HOUSING INFORMATION
What contact information do you have for the Housing Authority*

Name of Housing AuthorityContact PersonContact Phone NumberContact Email Address
Which Housing Authority*
First Name Housing Authority Conact
Last Name Housing Authority Contact
Email Housing Authority Conact
Phone Number Housing Authority Contact
Have you contacted the Housing Authority or caseworker about the tenant?*

YesNo
Was the contact in writing (email, letter, etc)?*

YesNo
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.*

YesNo
Housing Authority Communication. Please provide a summary of any communication you have had with the housing authority*
BASIS FOR EVICTION AND DAMAGES
What is the reason you are seeking an eviction? NOTE: You can check more than one box. For a non-payment of rent, you can check both non-payment, as well as Breach of the Lease if it is a SPECIFICALLY ARTICULATED BREACH of the lease agreement. This will not usually be the case unless your lease agreement was prepared by our office, or by a licensed NC realtor*

Non-Payment of RentHoldoverBreach of LeaseCriminal activity
NON-PAYMENT OF RENT
How many months is the tenant behind on rent? You can also count a partial month as a whole month. In other words, if it is April 15th, and the tenant hasn't paid March and April, then you would put "2" as the number of months behind. *
Do you need to account for a partial month?*

YesNo
How many days is the tenant behind in the partial month?*
Have you sent, or given, the tenant a notice of non-payment of rent? Note: This includes both written and verbal notices*

YesNo
How was the notice of non-payment sent to the tenant? Note: You can select multiple*

Regular MailCertified Mail/FedEx/UPSPosted to door or left in propertyEmailTextVerbal
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.*

YesNo
Notice of Non-Payment. Please upload a copy of your notice. NOTE: For documents that are more than one page, you must upload it as one file, not as individual pages*

Cancelof
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*

YesNo
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.*

YesNo
Rent Ledger. Please upload a copy of your ledger. NOTE: For documents that are more than one page, you must upload it as one file, not as individual pages*

Cancelof
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.*

YesNo
Late Fees. Note: If your late fees, as written in your lease agreement, are greater than 5% of the rental amount, or $35.00 if you have a specific amount written as the penalty for late rent as opposed to a percentage, then input 0.00. Your late fee structure is illegal in North Carolina, and could subject you to a fine.
Have you had any other communication with the tenant concerning the non-payment of rent other than any notices you may have sent?*

YesNo
Non-Payment Communication. Please describe in detail your communication with the tenant*
Other than any notice you have sent, do you have other communications with the tenant concerning the non-payment of rent?*

YesNo
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.*

YesNo
Non-Payment Communications. NOTE: For documents that are more than one page, you must upload it as one file, not as individual pages*

Cancelof
HOLDOVER TENANT
Have you sent, provided, a notice of termination or non-renewal to the tenant? Note: This notice can also be verbally given.*

YesNo
What date was the notice or non-renewal provided*

MonthDayYear
Date
What date was the tenant supposed to vacate the property?*

MonthDayYear
Date
How was the non-renewal/termination notice sent/provided to the tenant? Note: You can select multiple*

Regular MailCertified Mail/FedEx/UPSPosted to door or left in propertyEmailTextVerbal
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.*

YesNo
Notice of Non-Renewal/Termination. Please upload a copy of your notice. NOTE: For documents that are more than one page, you must upload it as one file, not as individual pages*

Cancelof
Have you accepted ANY MONEY after you informed the tenant of the termination of the lease agreement?*

YesNo
Holdover Money Accepted. Please provide details of any money you accepted from the tenant, such as dates and amounts, after the notice of termination was provided.*
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.*

YesNoI don't know
Is there another breach of the lease OTHER THAN ,OR IN ADDITION TO, the non-payment of rent, criminal conduct, or holdover tenancy?*

YesNo
Have you sent a notice of the breach to the tenant? Note: This notice can also be verbally given.*

YesNo
How was the breach notice sent/provided to the tenant? Note: You can select multiple*

Regular MailCertified Mail/FedEx/UPSPosted to door or left in propertyEmailTextVerbal
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.*

YesNo
Notice of Breach. Please upload a copy of your notice. NOTE: For documents that are more than one page, you must upload it as one file, not as individual pages*

Cancelof
Have you accepted ANY MONEY after you informed the tenant of the breach of the lease agreement?*

YesNo
Breach Money Accepted. Please provide details of any money you accepted from the tenant, such as dates and amounts, after the notice of termination was provided.*
Breach of Lease. Please describe the nature of the breach in detail. Include dates as well as facts*
CRIMINAL CONDUCT
Did the criminal conduct occur on the property?*

YesNo
Has a police report been filed, or were the police called to the property?*

YesNo
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.*

YesNo
Police Report. Please upload a copy of the police report. NOTE: For documents that are more than one page, you must upload it as one file, not as individual pages*

Cancelof
Have you sent, provided a notice of the criminal conduct to the tenant? Note: This notice can also be verbally given.*

YesNo
How was the criminal conduct notice sent/provided to the tenant? Note: You can select multiple*

Regular MailCertified Mail/FedEx/UPSPosted to door or left in propertyEmailTextVerbal
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.*

YesNo
Notice of Criminal Conduct. Please upload a copy of your notice. NOTE: For documents that are more than one page, you must upload it as one file, not as individual pages*

Cancelof
Have you accepted ANY MONEY after you informed the tenant of the criminal conduct, or after you became aware of the criminal conduct?*

YesNo
Criminal Conduct Money Accepted. Please provide details of any money you accepted from the tenant, such as dates and amounts, after the notice of termination was provided.*
Criminal Conduct. Please describe the nature of the breach in detail. Include dates as well as facts*
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.".*

YesNo
Past Due Utility Payment Amount.
Utility Payments. Please provide an itemized accounting of the utility payments due*
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.*

YesNo
Utility Receipts. Please upload a copy of your receipts. NOTE: For documents that are more than one page, you must upload it as one file, not as individual pages*

Cancelof
Are there any additional monetary damages other than what has already been covered?*

YesNo
Additional Damages Amount*
Please describe the nature of the Additional Damages, along with a breakdown of the amount.*
ADDITIONAL INFORMATION
Have you attempted to settle this matter with the tenant?*

YesNo
Settlement Attempts. Please provide details about your attempt 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.*

Changing of the LocksPadlocking DoorTurning off utilitiesRefusing to do repairsDeny the Tenant access to the propertyThreats of violence, no matter how slightThreats to "kick them out."OtherNONE OF THESE APPLY
Self Help Eviction. Please describe the nature of your conduct.*
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*

YesNo
Do you have/know any of the following information? Note: You can select multiple*

Copy of the filed documentsDate and time of trial
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.*

YesNo
Copy of Complaint. Please upload a copy of the complaint. NOTE: For documents that are more than one page, you must upload it as one file, not as individual pages*

Cancelof
What is the file number? Note: The file number will be in the upper left hand side of the complaint or summons, and will have "XX CVM XX." If you don't know the file number, you can leave blank
Date for trial?*

MonthDayYear
Date
Time for trial*

Hour Minutes

AM/PM Option
Have you had any past court proceeding for this, or anything else with the tenant?*

YesNo
Was it for an eviction?*

YesNo
What type of court proceeding was it?*

Magistrate (Small Claims)District CourtSuperior CourtArbitration/MediationOther
Information About the Case. Please describe why you filed a lawsuit against the tenant, including the outcome and what happened at the proceeding, the date of teh proceeding, and the file number if you know 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?*

Sell the property immediately after the evictionSell the property, but not immediately after the eviction.Keep 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.*

YesNo
Do you currently have a mortgage on the property?*

YesNo
What is the TOTAL amount of your remaining mortgage? NOTE: An approximation is fine.*
What is your MONTHLY mortgage payment?*
Does any of the following pertain to the property?*

LienForeclosure/Pre-ForeclosureTax LienPast due mortgage paymentsNONE OF THESE APPLY
Liens and Foreclosures. Please provide additional information including how much is owed, and any notices you have received. *
Do you have an idea of how much you would like to sell the property for?*

YesNo
What price are you looking to sell the property for?*
How fast would you like to sell the property after the eviction?*

As soon as possible1-3 months3-6 months6-9 months9-12 monthsMore than 12 months
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*

YesNo
Are you currently working with a real estate agent*

YesNo
Agent Company*
Agent First Name*
Agent Last Name*
Agent Email*
Agent Phone Number*
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?*

YesNo
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?*

Selling on my ownWill look to hire 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?*

YesNo
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.*

YesNo
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*

YesNo
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.*

YesNo
ADMINISTRATION SECTION
Rent in Arrears as of Date. NOTE: Rent should be prorated as of the date of submission. Divide the number of days in the month by the monthly rental amount. FOR EXAMPLE: If the rent rate is $500 a month, and the tenant is behind this month's, but it is only the 15th of the month of a 30 day month, the Rent in Arrears is $250, not $500.00. Similarly, if the tenant is behind last month's rent in addition to this month's rent, the amount owed would be $750, not $1000.00*
NONPAYMENT BREACH*
Court Filing Fee*
Sheriff Service Fee*
Appearance Fees
Attorney Fees
Total Monetary Damages*
Amount of Damages
Amount Of Rent Past Due*
Total Amount Due
Date

MonthDayYear
Date
Eviction Cost
SCRA AFFIDAVIT
1.As of the current date: (check one of the following)*

a.I have personal knowledge that the defendant named above is in military service.b.I have personal knowledge that the defendant named above is not in military service.c.I am unable to determine whether the defendant named above is in military service.
2. Have you received military orders?*

I have received military ordersI have NOT received military orders
3. Did you use the SCRA website?*

I used the SCRA websiteI did not use the SRCA website
Will the SCRA website results be attached?*

SCRA website results are attachedSCRA website results are NOT attached
If you did not use the SCRA website, how do you know the defendant is not in military service?
1. The undersigned has received information from the owner of the property that the defendant is not a member of the Armed Forces. 2. Additionally, the undersigned counsel has inquired into the military status of defendant by way of providing notice to the tenant, and tenant has failed to respond. If and when defendant provides notice to the undersigned, the undersigned shall inform the court of defendant's status as a member of the Armed Forces for which the Servicemembers Civil Relief Act would apply.
Should be Empty:

Summary Ejectment Questionnaire

PLAINTIFF/LANDLORD INFORMATION

OWNERSHIP STATUS

PLAINTIFF CONTACT INFORMATION

PROPERTY MANAGER CONTACT INFORMATION

PROPERTY INFORMATION

TENANT INFORMATION

TENANT INFORMATION

TENANT ACTIVE DUTY STATUS

LEASE INFORMATION

SECTION 8/PUBLIC HOUSING INFORMATION

BASIS FOR EVICTION AND DAMAGES

NON-PAYMENT OF RENT

HOLDOVER TENANT

BREACH OF THE LEASE

CRIMINAL CONDUCT

ADDITIONAL MONEY DUE

ADDITIONAL INFORMATION

PRIOR COURT PROCEEDINGS

DISPOSITION OF PROPERTY AFTER EVICTION

ADMINISTRATION SECTION

SCRA AFFIDAVIT