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From:
Sonam Dasara <[log in to unmask]>
Date:
Thu, 15 Apr 2004 12:49:58 -0400
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>From:    Shawn and Lori <[log in to unmask]>
 
Hi,
 
Well, I'm a New Jersey lawyer, and know NOTHING about N.C. law, so I'd
suggest that you find a N.C. lawyer pronto - each state has a method of
providing free lawyers for those in need, and since you may be evicted,
you qualify.
 
That being said, in NJ two defenses exist: cats and small caged animals
are considered "de minimus" and the burden of proof rests on the landlord
to present evidence of their being a nuisance in order to evict.  In
addition, they would be considered "estopped by laches", a technical term
that means that you lose your rights if you don't exercise them.  The
latter is rather technical, and you need a lawyer to plead it for you;
the former may save you if NC is like NJ.
 
Good luck!
 
Ciao,
Sonam Dasara
[Posted in FML issue 4484]

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