in the Court of Appeals 22 May 2019.
by defendant from order entered 26 June 2018 by Judge Michael
Denning in Wake County District Court. No. 18 CVD 5405
Francis Law Firm, PLLC, by Charles T. Francis and Ruth A.
Sheehan, for plaintiff-appellee.
Aid of North Carolina, Inc., by Thomas Holderness, Daniel J.
Dore, and Darren Chester, for defendant-appellant.
Patricia Winston appeals from the district court's order
granting immediate possession of Defendant's leased
premises to Plaintiff Raleigh Housing Authority. We affirm.
April 2017, Defendant entered into a twelve-month Lease
Agreement with Plaintiff for the rental of a one-bedroom
apartment located in the Walnut Terrace Community in Raleigh.
Between October and December of 2017, Plaintiff received
three written, and multiple oral, complaints from
Defendant's neighbors concerning noise disturbances
coming from Defendant's apartment. Specifically, in the
written complaints, Defendant's neighbors described being
awoken late at night by "stomping, fighting, cursing and
knocking over furniture" as well as "loud
music." One complaint further alleged that it
"look[ed] like drug exchanges [were] going on."
the complaints continued after a written warning, on 1
December 2017 Plaintiff's property manager sent Defendant
a Notice of Lease Termination for violation of Paragraph 9(f)
of the parties' Lease Agreement, which required Defendant
"[t]o conduct . . . herself and cause other persons who
are on the premises with [her] consent to conduct themselves
in a manner which [would] not disturb the neighbors'
peaceful enjoyment of their accommodations."
Defendant had an informal meeting with Plaintiff's
property manager, during which Defendant informed the manager
that the complaints had arisen from incidents of domestic
violence committed against Defendant by her former partner,
Walter Barnes. Defendant indicated that she had since
obtained a Domestic Violence Protective Order against Mr.
Barnes, thereby preventing him from returning to the Leased
Premises and causing additional disturbances. Based on
Defendant's explanation for the noise complaints,
Plaintiff rescinded the lease termination.
However, Plaintiff soon received another written complaint
from a neighbor of Defendant describing a disturbance caused
by Defendant's conduct on the late evening and early
morning hours of 5 February and 6 February 2018, to wit:
I was awaken [sic] out of my sleep at 1:00 A.M. from my
neighbor upstairs with loud fussing, cursing and yelling,
which then proceeded down the steps, outside my door and
continuing still into the parking lot.
She approached me the next morning . . . when I came home for
my break from her balcony, yelling saying that I'm trying
to get her put out, and I told her no I wasn't. I
can't continue letting them keep me awake when I have to
get up at 3:00 A.M. to go to work. I'm sleepy at work
because I'm not getting any sleep at night.
She told me that I'm not suppose[d] to report anything to
the office, that I should be telling her and not the office.
I've spoken to her about this on several occasions and
she apologized and said that it would ...