Penalty for landlord locking out a tenant? (renter, eviction)

[Ryan Dade]

Landlord offered a room for rent for one month but allowed the renter to move in after paying $200. Then tenant went to jail for over a week then paid $70 when he got out. He still owes $130 and the end of the month is a few days away. I see three scenarios:


a. Landlord gives him a 30 day notice to vacate and after 30 days he won't vacate so he then gets another 30 days when the Landlord has to go through the eviction process



b. The landlord could change the locks and leave his stuff outside at the end of the one month in a few days. Keep in mind that he still owes $130. If he calls the police upon lockout, would they make The Landlord let him in or tell him to sue the Landlord?


c. If the Landlord could get a restraining order, how does that change things?


Thank you for your responses!

[JONOV]

Originally Posted by Ryan Dade

Landlord offered a room for rent for one month but allowed the renter to move in after paying $200. Then tenant went to jail for over a week then paid $70 when he got out. He still owes $130 and the end of the month is a few days away. I see three scenarios:


a. Landlord gives him a 30 day notice to vacate and after 30 days he won't vacate so he then gets another 30 days when the Landlord has to go through the eviction process



b. The landlord could change the locks and leave his stuff outside at the end of the one month in a few days. Keep in mind that he still owes $130. If he calls the police upon lockout, would they make The Landlord let him in or tell him to sue the Landlord?


c. If the Landlord could get a restraining order, how does that change things?


Thank you for your responses!

Tough, as the police will call it a civil matter. Self Help Evictions are frowned on by the courts. If he went that route and the tenant gets vindictive he could get in trouble. Is there a written lease?

The state LL/Tenancy statutes are simple to understand. It sounds like offered a Fortnight-Fortnight lease.

[roadpony]

Originally Posted by JONOV

Tough, as the police will call it a civil matter. Self Help Evictions are frowned on by the courts. If he went that route and the tenant gets vindictive he could get in trouble. Is there a written lease?

The state LL/Tenancy statutes are simple to understand. It sounds like offered a Fortnight-Fortnight lease.

See https://www.city-data.com/forum/green...y-without.html

[Ryan Dade]

Thanks for your replies. There is no written agreement except that in writing the receipt was for one month.

[reenzz]

NC Law

42-14. Notice to quit in certain tenancies.
A tenancy from year to year may be terminated by a notice to quit given one month or more before the end of the current year of the tenancy; a tenancy from month to month by a like notice of seven days; a tenancy from week to week, of two days. Provided, however, where the tenancy involves only the rental of a space for a manufactured home as defined in G.S. 143-143.9(6), a notice to quit must be given at least 60 days before the end of the current rental period, regardless of the term of the tenancy. (1868-9, c. 156, s. 9; Code, s. 1750; 1891, c. 227; Rev., s. 1984; C.S., s. 2354; 1985, c. 541; 2005-291, s. 1.)