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Obtaining a Summary Ejectment and Money Damages in Wake County Based on Residential Rental Contract or Form 410-T

The North Carolina Association of Realtors has prepared a Standard Form 410-T, or Residential Rental Contract, for usage in residential real estate leases.  The most recent version of the 410-T Residential Rental Contract was updated in 2009, to reflect some legislative changes in the responsibilities of landlords and tenants. If you plan to use the standard form contract, which is readily available online, make sure to use the 2009 version.  The Residential Rental Contract provides some significant protections for landlords that, if necessary, can be utilized in a Summary Ejectment lawsuit against the tenant.  Maginnis Law frequently litigates Summary Ejectment cases for landlords seeking to gain a right to eviction of their tenants who have breached the terms of their lease.  Contact the firm at 919.526.0450 to discuss your eviction options or submit a confidential case inquiry by visiting the firm’s contact page here.

Along with getting payment from the tenant for rent due and owing, landlords have the ability under this lease to obtain a judgment that include late fees at the statutory maximum of 5%, fees associated with having to file the Summary Ejectment complaint and, potentially, your attorney fees.  Of course, the most important victory in a landlord-tenant matter is to terminate the tenant’s right of possession to the premises.  Recovering money damages from a judgment through a writ of execution and post-judgment collection efforts may not always be cost-effective in dealing with a tenant who cannot pay the rent on their lease.  

It is also important to note that these money damages will only be awarded if the sheriff’s department is successful in serving the tenant personally. Often sheriffs will serve the tenants by merely posting a copy of the summons and complaint on the front door of the property.  Landlords are limited to possession of the premises at that point.

Contact the firm of Maginnis Law, PLLC at 919.526.0450 if you require the services of a landlord-tenant or debt collection attorney.  Maginnis Law is a Raleigh civil litigation firm that assists individuals and commercial businesses with civil lawsuits in Cary, Apex, Holly Springs, and the rest of Wake, Chatham and Durham counties.  Complaints in landlord tenant eviction matters can frequently be filed shortly after retaining the firm and a hearing can take place within two weeks.