CARES Act Affidavit for Summary Ejectment

Posted By: Jon Lowder Blog ,

With the end of North Carolina's eviction moratorium property managers are able to once again file summary ejectments. They need to be aware that a CARES Act affidavit was adopted by the Administrative Office of Courts pursuant to Emergency Directive 18 that was included in Chief Justice Beasley’s Order of May 30. You can find a copy of the affidavit here. As stated in the directive the affidavit will need to accompany all new filings after June 1, and will need to be submitted prior to judgment for all summary ejectment complaints filed between March 27 and June 1.

Further, it is at the discretion of the magistrates as to how much supporting information you will need to provide along with the affidavit; a recommendation we have heard is that property managers provide a letter from the lender or owner, but as always we encourage our members to contact their attorneys for guidance.