N.C. Ct. of App.: Myers v. Broome-Edwards- Self-Help Eviction as Unfair and Deceptive Practice

Summary:

The North Carolina Court of Appeals affirmed the trial court's decision, which found that the defendants, Sandra Broome-Edwards and Donald Blair, violated the North Carolina Unfair and Deceptive Practices Act (UDPA) by executing a self-help eviction against the plaintiff, Henry Myers. After  multiple eviction actions were dismissed (including one with prejudice),  the defendants locked Mr.  Myers out of his home and disposed of his belongings, actions the court deemed illegal without judicial process. 

Despite the defendants' arguments on appeal, the Court of Appeals upheld the trial court’s findings that these actions were unfair and deceptive, and that Blair, acting as Broome-Edwards' agent, was also liable. The court rejected the defendants' claims, including that res judicata should bar the case, as that argument had not been raised prior to the appeal.  The court also found that Blair, as  the agent for Broome-Edwards, was not shielded from liability by respondeat superior, since the Ejectment of Residential Tenants Act expressly applies to agents and landlords.

The trial court’s decision to award treble damages and attorney’s fees to Myers was affirmed.

 Commentary:

Nice work by the folks at Legal Aid of North Carolina.

This case also undermines the frequent assertion by  rent-to-own  creditors and other personal property lenders, that the refusal by a consumer to surrender collateral absent a claim and delivery order,  insulates the creditor's self-help repossessions against any breach of the peace (including the employment of off-duty law enforcement).

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