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SPINKS v. TAYLOR

No. 61.

278 S.E.2d 501 (1981)

Cassaundra SPINKS v. John R. TAYLOR, Jr., Trading as Taylor Realty. Dorothy L. RICHARDSON v. JOHN R. TAYLOR COMPANY, INC.

Supreme Court of North Carolina.

June 2, 1981.

Attorney(s) appearing for the Case

Legal Services of Southern Piedmont, Inc. by Theodore O. Fillette, III, and Leslie J. Winner, Central Carolina Legal Services, Charlotte, by Robert S. Payne, Ling & Farran by Jeffrey P. Farran, Greensboro, and George V. Hanna, Charlotte, for plaintiffs.

Rufus L. Edmisten, Atty. Gen. by John R. B. Matthis, Sp. Deputy Atty. Gen., James C. Gulick, Asst. Atty. Gen., and Rebecca R. Bevacqua, Associate Atty. Gen., Raleigh, for the State of North Carolina, amicus curiae.

Smith, Moore, Smith, Schell & Hunter by Bynum M. Hunter and Suzanne Reynolds, Greensboro, for defendant.

BRANCH, Chief Justice.

Plaintiffs first contend that the trial court erred in granting summary judgment for defendant since North Carolina law does not recognize a landlord's right to use peaceful self-help to evict tenants who are subject to forfeiture for non-payment of rent. Defendant maintains on the other hand that at common law a landlord had the right to reenter peacefully and take possession of leased premises subject to forfeiture, and that nothing in the...

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