Durham Hosiery Mill Ltd. Partnership v. Morris

STEELMAN, Judge.

In a summary ejectment action, the plaintiff’s burden of persuasion is by the preponderance of the evidence as set forth in N.C. Gen. Stat. § 42-30. The trial court erred in requiring the plaintiff to prove its case by clear, cogent, and convincing evidence.

I. Factual and Procedural Background

Durham Hosiery Mill Limited Partnership (“DHM”) owns and operates the Durham Hosiery Mill Apartments (the “Apartments”), a section 8 housing community in Durham, North Carolina. Defendant Inez Morris leases and lives in Unit 251-D (the “Unit”) at the Apartments under the terms of a…