9 Investigates

9 Investigates illegal eviction practices

CHARLOTTE, N.C. — The number of evictions in Charlotte is skyrocketing as the city struggles with its affordable housing crisis. Local advocates tell Eyewitness News that some evictions and the methods some landlords use to remove tenants are illegal.

A UNCC report documented nearly 28,000 evictions in Charlotte in 2017.

After six years on living on a quiet West Charlotte street, Tangerla Jackson found herself racing to find a new place for her family to live.

"It's been very stressful, very anxious," she said

She says her landlord is forcing her out after she complained about mold.

"My daughter is having problems, I'm having problems. Rashes, breathing problems," Jackson explained.

[SPECIAL SECTION: Affordable Housing Crisis]

In June, the landlord hired a private inspector to check the home. Court records include photos that show the inspector confirmed the presence of mold and documents that show that hours after the inspection, the landlord sent Jackson a text message saying he would not be able to make the repairs and her lease would be terminated in 30 days.

"I felt it in my gut it was wrong," said Jackson.

She followed her instinct and contacted Legal Aid of North Carolina. T nonprofit is seeing three times as many requests as last year  for help in fighting evictions.

Legal Aid Attorney Isaac Sturgill told Eyewitness News, not only are some of those 'evictions' illegal, but so are some of the methods used.

"We have seen it all that can include, a landlord shutting off the power to the unit, changing locks without a court order, taking off doors, entry door in winter time, shutting off water, any number of different things," said Jackson.

He says these steps can confuse and scare renters into leaving, but they may not mean that the landlord has initiated the formal eviction process.

"There is only one legal way to do it, filing court papers," Sturgill said.

For an eviction to be legal, the landlord must file what the court calls a "Summary Ejectment form".

What isn't legal is only doing it by texting, emailing, posting or sending a self-made letter or threatening to padlock the doors. Sturgill says these methods are also called "self-help evictions."

[LINK: Priced Out of Charlotte county-by-county resource guide]

Legal Aid took on Jackson's case. Eyewitness News obtained court documents that show the judge took Jackson's side, calling it "a retaliatory eviction" because her landlord sent her a text message saying he was terminating her lease on the same day inspectors found the mold.

The judge also determined her landlord didn't give proper notice in person.

"I felt vindicated," said Jackson.

Sturgill estimates his office handles at least a dozen of these cases a year but worries there may be many more families who don't have representation or recognize their landlord's actions may be outside the law.

"My concern is really that people are going to have their situations become worse and lose their homes when they do have a valid defense they can raise," Sturgill said.

"Everyone should know our rights and it shouldn't be violated," said Jackson.

Legal Aid receives at least 20 calls a day from renters asking for legal help with evictions.

The non-profit is adding two attorneys, so they can take on more cases. Attorneys from other firms across Charlotte are also taking on some of the cases for free.

Channel 9 is dedicated to investigating the affordable housing crisis.

To find resources for renters needing help, click here

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