Landlord’s guide for Evictions in North Carolina
North Carolina has specific laws and regulations surrounding landlord evictions. As a landlord, it’s important to understand these laws and the proper procedures for properly evicting a tenant. In this blog post, we will discuss the necessary steps and procedures for eviction in North Carolina.
Legal Grounds for Eviction
A landlord may only begin the eviction process for certain legal grounds. Some of the reasons for eviction include non-payment of rent, violation of lease terms, illegal activities, or damage to the property. Before beginning the eviction process, it’s essential to ensure that the reason for eviction falls under one of these legal grounds.
Issuing a Notice to Quit
Before proceeding with the eviction process, North Carolina law requires landlords to issue a Notice to Quit to the tenant. This notice informs the tenant that they are in violation of their rental agreement and must remedy the situation or vacate the property within a certain number of days. The required length of time varies depending on the specific offense, such as non-payment of rent or a lease violation.
Filing a Complaint for Summary Ejectment
If the tenant fails to vacate the property or remedy the situation by the end of the specified notice period, landlords may proceed with filing a Complaint for Summary Ejectment with the county court. After filing, a court date is set for the hearing. The tenant then receives a copy of the filed Complaint along with a summons to appear in court.
Hearing and Judgment
At the eviction hearing, the judge will hear evidence from both parties. If the landlord provides sufficient evidence of the violation of the lease agreement, the judge will issue a judgment in favor of the landlord. If the tenant does not appear in court, the judge will likely issue a default judgment and grant the landlord legal possession of the property.
Writ of Possession
If the judge grants a judgment in favor of the landlord, they will be issued a Writ of Possession. This document allows the county sheriff to remove the tenant and any belongings from the property if they do not leave after the court judgment. The Writ usually provides tenants with a final opportunity to vacate voluntarily or risk being forcibly evicted by the sheriff.
The eviction process in North Carolina requires following specific steps and procedures before evicting a tenant legally. Violating these rules could lead to legal issues and damage to your brand as a landlord. At Donaldson Law PLLC, we advise landlords to work with experienced attorneys to ensure compliance with state and local laws in the eviction process. This way, a lawful and efficient eviction process is carried out.