Motion for Writ in Jana Szelenyiova (Owner) VS Margarita Alejo| Trellis.Law

On June 25, 2024 a Complaint,Petition was filed involving a dispute between Jana Szelenyiova, and Alejo, Margarita, for Civil Magistrate Summary Ejectment in the District Court of Durham County.

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File No.

24CV005335-310 STATE OF NORTH CAROLINA
In The General Court Of Justice
Durham
County District Court Division Small Claims
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1. The defendant is a resident of the county named above.
2. The defendant entered into possession of premises described below as a lessee of plaintiff.
Description Of Premises (include location and address)
COMPLAINT Multi Family Apartment Building, 905 Glendale Ave. Left Side Unit, Durham, NC 27701 X] Conventional
IN SUMMARY EJECTMENT Public Housing

Section 8

Rate Of Rent (Tenants Share) [S| Monin Date Rent Due Date Lease Ended Type Of Lease
750.00 per Week 06/01/2024 Oral x Witten

3. The defendant failed to pay the rent due on the above date and the plaintiff made demand for the rent and waited the
G.S. 7A-216, 7A-232; Ch. 42, Arts. 3 and 7
10-day grace period before filing the complaint.
Name And Address Of Plamtff
Jana Szelenyiova (Owner) and [] The lease period ended on the above date and the defendant is holding over after the end of the lease period.
R.L. Soles Property Mgmt., Inc. (Agent) The defendant breached the condition of the lease described below for which re-entry is specified.
1423 Broad St
Criminal activity or other activity has occurred in violation of G.S. 42-63 as specified below.
Durham, NC 27705
County Telephone No
Description Of Breach/Cnminal Activity (give names, dates, places and illegal activity)
Non Payment of Rent
Durham (919) 286-2040
VERSUS
Name And Addtess Of Defendant 1
Individual Corporation
Margarita Alejo
905 Glendale Ave L/S 4. The plaintiff has demanded possession of the premises from the defendant, who has refused to surrender it, and the
Durham, NC 27701 plaintiff is entitled to immediate possession.
5. The defendant owes the plaintiff the following:
County Telephone No Description Of Any Property Damage
Durham
Name And Address Of Defendant 2 Individual Corporation

Amount Of Damage (if known) Amount Of Rent Past Due Total Amount Due
$ $ 731.00 768.50
County Telephone No 6. demand to be put in possession of the premises and to recover the total amount listed above and daily rental until entry
of judgment plus interest and reimbursement for court costs.
Name And Address Of Plaintiff's Attorney Or Agent
Date Name Of Plaintiff/Attorney/Agent (type or print) Signature OF ttorney/Agent
R.L. Soles Property Mgmt., Inc. 06/24/2024 RL Soles Property Memt Inc
1423 Broad St
Durham, NC 27705
CE2TIFICATION WHEN COMPLAINT SIGNED BY AGENT OF PLAINTIFF
certify that am an agent of the plaintiff and have actual knowledge of the facts alleged in this Complaint.
Altorney Bar No Date Name Of Agent (type or print) Signature Of Agent.

(Over)
AOC-CVM-201, Rev. 8/17
© 2017 Administrative Office of the Courts
El
ectroni
cal
lyFi
led Date:6/25/2024 9:27 AM Durham Di
stri
ctCourtCountyCl
erkofSuperi
orCourt
INSTRUCTIONS TO PLAINTIFF OR DEFENDANT
THE CLERK OR MAGISTRATE CANNOT ADVISE YOU ABOUT YOUR CASE OR ASSIST YOU IN COMPLETING THIS FORM.
IF YOU HAVE ANY QUESTIONS, YOU SHOULD CONSULT AN ATTORNEY.
1 . The PLAINTIFF must file a small claim action in the county where at least one of the 9. The DEFENDANT may file a written answer, making defense to the claim, in the
defendants resides. office of the Clerk of Superior Court. This answer should be accompanied by a copy
for the plaintiff and be filed no later than the time set for trial. The filing of the answer
2. The PLAINTIFF cannot sue in small claims court for more than $10,000.00 excluding
DOES NOT relieve the defendant of the need to appear before the magistrate to
interest and costs unless further restricted by court order.
assert the defendant's defense.
3 . The PLAINTIFF must show the complete name and address of the defendant to
10. Requests for continuances of cases before the magistrate may be granted for good
ensure service on the defendant. If there are two defendants and they reside at
cause shown and for no more than five (5) days per continuance unless the parties
different addresses, the plaintiff must include both addresses. The plaintiff must
determine if the defendant is a corporation and sue in the complete corporate name. agree otherwise.
If the business is not a corporation, the plaintiff must determine the owner's name 11. The magistrate will render Jjudgment on the date of hearing unless the parties agree
and sue the owner. otherwise, or the case is complex as defined in G.S. 7A-222, in which case the
decision is required within five (5) days.
A . The PLAINTIFF may serve the defendant(s) by mailing a copy of the summons and
complaint by registered or certified mail, return receipt requested, addressed to the 12. The PLAINTIFF or the DEFENDANT may appeal the magistrate's decision in this
party to be served or by paying the costs to have the sheriff serve the summons and case. To appeal, notice must be given in open court when the judgment is entered, or
complaint. If certified or registered mail is used, the plaintiff must prepare and file a notice may be given in writing to the Clerk of Superior Court within ten (10) days after
sworn statement with the Clerk of Superior Court proving service by certified mail and the judgment is entered. If notice is given in writing, the appealing party must also
must attach to that statement the postal receipt showing that the letter was accepted. serve written notice of appeal on all other parties. The appealing party must PAY to
the Clerk of Superior Court the costs of court for appeal within ten (10) days after the
5 . In filling out number 2 of the complaint in subsidized housing (e.g., Section 8,
judgment is entered. if the appealing party applies to appeal as an indigent, and that
voucher, housing authority}, the landlord should include in the "Rate Of Rent" box
request is denied, that party has an additional five (5) days to pay the court costs for
only that portion of the rent that the tenant pays directly to the landlord. the appeal.
6. In filling out number 3 in the complaint, if the landlord is seeking to remove the
13. If the defendant appeals and wishes to remain on the premises the defendant must
tenant for failure to pay rent when there is no written lease, the first block should be
also post a stay of execution bond within ten (10) days after the judgment is entered. In
checked. (Defendant failed to pay the rent due on the above date and the plaintiff
the event of an appeal by the tenant to district court, the landlord may file a motion to
made demand for the rent and waited the ten (10) day grace period before filing
dismiss that appeal under G.S. 7A-228(d). The court may decide the motion without a
the complaint.) If the landlord is seeking to remove the tenant for failure to pay rent
when there is a written lease with an automatic forfeiture clause, the third block hearing if the tenant fails to file a response within ten (10) days of receipt of the motion.
should be checked. (The defendant breached the condition of the lease described 14. Upon request of the tenant within seven (7) days of the landlord being placed in lawful
below for which re-entry is specified.) And "failure to pay rent" should be placed in possession, the landlord shall release any personal property of the tenant. f, after
the space for description of the breach. If the landlord is seeking to evict tenant for being placed in lawful possession by execution of a writ, the landlord has offered to
violating some other condition in the ease, the third block should also be checked. release the tenant's property and the tenant fails to retrieve such property during the
If the landlord is claiming that the term of the lease has ended and the tenant landlord's regular business hours within seven (7) days after execution of the writ,
refuses to leave, the second block should be checked. If the landlord is claiming that the landlord may throw away, dispose of, or sell the property in accordance with the
criminal activity occurred, the fourth block should be checked and the conduct must provisions of G.S, 42-25.9(g). If sold, the landlord must disburse any surplus proceeds
be described in space provided. to the fenant upon request within seven (7) days of the sale. If the total value of the
. The PLAINTIFF must pay advance court costs at the time of filing this Complaint. property is less than $500.00, it is deemed abandoned five (5) days after execution
unless the tenant requests, prior to expiration of the five-day period, release of the
in the event that judgment is rendered in favor of the plaintiff, court costs may be
property to the tenant, in which case the landlord shall release possession of the
charged against the defendant.
property to the tenant during regular business hours or at a time agreed upon.
8. The PLAINTIFF must appear before the magistrate to prove his/her claim.
15. This form is supplied in order to expedite the handling of small claims. itis designed
to cover the most common claims.
AOC-CVM-201, Side Two, Rev. 8/17
© 2017 Administrative Office of the Courts

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Complaint,Petition: Jana Szelenyiova (Owner) VS Margarita Alejo

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