Tips for Eviction in Raleigh, NC

[Addie Burchell]

I live in my townhome and have a roommate who has refused to pay bills for utilities which are written in lease. I have already made notice to her that these bills are due and given her the opportunity to exit the property and was willing to break the lease instead of proceeding with legal but she refused. I'm wondering if anyone has dealt with an eviction in North Carolina or Wake County before who would be willing to give me some tips? 

[Chris Martin]

I have been in small claims eviction court as plaintiff over 40 times over the past 20 years. My disclaimer is that I have never had a roommate as presented in your scenario. My activities only represented my company's attempt to remove tenants from our property where I was not a resident. 

If I am reading your post correctly, the roommate is not paying utilities but is paying the rent. It appears (again, if I am reading correctly) as if you have given appropriate notice to vacate within the terms of the lease but tenant has not left. If I look at what I would consider applicable NC statutes, I expect that filing eviction (defined as summary ejectment by statute) would result in your case being dismissed. This is my non-legal personal opinion and in no way should be considered legal advice. Below is the basis of my non-legal opinion. 

Please read the applicable statutes (laws) in NC, which are in Chapter 42, Landlord and Tenant in NC statutes. 

In Article 3, Summary Ejectment, the applicable section (emphasis mine) is §42-26. Tenant holding over may be dispossessed . Looking at that section of code, 42-26(b) states (bold emphasis by me):

(b) An arrearage in costs owed by a tenant for water or sewer services pursuant to G.S. 62-110(g) or electric service pursuant to G.S. 62-110(h) shall not be used as a basis for termination of a lease under this Chapter. Any payment to the landlord shall be applied first to the rent owed and then to charges for electric service, or water or sewer service, unless otherwise designated by the tenant.

Note the wording. The statute says, "unless otherwise designated by the tenant." It does not say "unless otherwise designated by the lease."

I am not an attorney. For a legal opinion on this matter, please retain an attorney. My guess is that a judge would grant a plaintiff possession only in the case of non-payment of rent.  In your filing, itemize expenses relating to unpaid utilities along with unpaid rent, per directions of your legal representative.