You have recently had drugs seized in one of your residential units or residential properties. You just received an e-mail or a letter, similar to this one, from a law enforcement officer alerting you of this fact.
Disclaimer:
The following is intended as a reference only, and not as legal advice. If you require legal advice, you should hire an attorney. Though every effort was made to provide correct and accurate information, neither PAC2 nor the partners will be liable for any errors or omissions in, or misunderstandings or improper use of, the information contained on this web page.
What should you do now?
In order to maintain a high quality of life for all Durham citizens, the Partners Against Crime believe that your choice is very clear. You need to move to evict the tenants as quickly as possible. We will be there to support you in this process.
- Go to the Clerk of Courts - Civil Division at the Durham County courthouse and ask for a summary eviction packet. The courthouse is located at 100 Main Street in Downtown, and the Clerk's offices are on the 3rd floor. There are several different divisions of the Clerk's office, so make sure you go the Civil Division.
- The packet will contain the forms you'll need to fill out. Alternatively,
you may download the forms below. You'll need to file four copies of the
following forms:
- AOC-CVM-100 (Magistrate Summons)
- AOC-CVM-201 (Complaint in Summary Ejection)
- and either (depending on how you choose to evict):
- AOC-CVM-401 (Judgment in Action for Summary Ejectment)
- AOC-CVM-403 (Judgment in Action for Summary Ejectment Criminal Activity)
- AOC-CVM-100 - Spanish (Spanish Magistrate Summons)
- Be careful when filling out the forms, as the instructions and the forms themselves can be misleading. If you need assistance, contact a member of PAC2, and we will put you in touch with someone who understands the process, and can show you how they do it.
- Once you have the forms completed, give them to the Clerk of Court, along with a stamped envelope, addressed to the tenant.
- The fee to file for eviction is $65. If you desire the Sheriff to serve the tenant(s) with the papers, you need to pay an additional $15, per tenant. Payment may be made at the courthouse by cash, check or money order.
- The clerk will set a date for your hearing. When you have that date, you need to phone a Drug Enforcement Officer at 919-560-4322. Your notification letter also has this phone number listed. Tell them that you are a landlord and your property has been raided. You want one of the arresting officers to testify at your trial.
- If you want a PAC2 volunteer to come, all you have to do is ask.
- If you prevail, the tenant will have 10 business days to file an appeal. If no appeal is filed, on the 11th day, you need to file Writ of Possession of Real Property (AOC-CV-401), which will allow the Sheriff's Department to turn possession over to you.
- Filing the Writ of Possession will cost $25, plus the $15 service fee for each tenant.
- When the Sheriff comes out to the property to grant you possession, you will need to bring new locks or a locksmith with you. The Sheriff doesn't physically padlock your property, but rather grants you permission to do it.
FAQ
What if the person arrested in the unit is not on the lease?
The law does not see this distinction. The law states that a person that signs a lease is responsible for not allowing criminal activity to transpire in his or her place of residence. The tenant has therefore violated the lease and the tenancy may be terminated.Do I need to evict them?
If you knowingly allow criminal activity to continue on your property, you may become subject to a civil action. See Holcomb v. Colonial Associates, LLC, 358 N.C. 501, 597 S.E.2d 710 (2004).Can PAC2 help me with this process?
Yes, that's our goal! Please contact the PAC2 representative for more assistance.I'm just the owner, this is a job for the management company.
Your management company has the power to evict tenants, and probably has more experience evicting tenants. Still, you need to inform them of this action so that they can start the process. As property managers are not listed in the public records, they do not always receive notice.What if my lease does not contain a clause explicitly prohibiting illegal drug use?
Though it is important for such a clause to be in you lease, it may not be necessary. Magistrates have been known to evict for drug use even when there is no clause in the lease. However, you should include a no-drugs clause in any new leases you sign. An example of such a clause would be:
Tenant, guests and invitees of either tenant or guests shall not use the premises for any unlawful purpose and shall comply fully with all applicable federal, state and local laws and ordinances, including laws prohibiting the use, possession or sale of illegal drugs. Nor shall Tenant, guests and invitees of either tenant or guests use the premises in a manner offensive to others. Nor shall Tenant, guests and invitees of either tenant or guests create a nuisance by annoying, disturbing, inconveniencing or interfering with the quiet enjoyment of any other tenant or nearby resident. Tenant agrees to immediately inform Landlord and the appropriate authorities upon obtaining actual knowledge of any illegal acts on or upon the leased premises.
If you need any guidance concerning adding this type of provision to your lease, please contact the Durham Association of Realtors® .What measures can I put in place to prevent this in the future?
Though it is impossible to granantee that no tenant will turn out to have a drug problem, the most effective way to minimize the risk is by thorough tenant screening. We reccommend a search service, such as CastleBranch, that is able to search both credit records and criminal records.