Eviction Process in North Carolina with No Lease
The eviction process in North Carolina with no lease is not as difficult as it may seem. In fact, the law takes into account that not all landlords may have had a lease with their tenants.
It would be ideal for you to have a lease agreement which sets forth what needs to happen before you to start the eviction process in North Carolina with no lease, the steps you have to take will be similar to those that are needed when you evict a tenant with a lease.
Ideally, you want to read our longer blog on How to Evict a Tenant in North Carolina.
This will provide you with a step by step walk through of the entire process on how to evict someone in North Carolina, and set you up for success down the road. We also provide you with all the documents you will need from start to finish.
You can continue reading this blog, or click the link below, or at the end, to read the in-depth article.
What is the Eviction Process in North Carolina Called
The eviction process in North Carolina is called a Summary Ejectment. The Summary Ejectment eviction process in North Carolina applies if you have no lease with your tenant.
When we use the term eviction, what we are referring to is the summary ejectment process. So be aware that when we use those terms we will use them interchangeable to mean the same thing.
Step 1 In the Eviction Process in North Carolina: Notice.
The first step you want to take to evict someone with no lease in NC is to provide the tenant with notice. The amount of notice required will depend on the terms of your prior lease.
Unlike the 10 day notice for eviction for non-payment, you will have a different notice requirement for this type of ejectment.
The following illustrate the amount of notice you must give to a tenant depending on the prior lease agreement:
Weekly Tenancy: 2 Days Notice
Monthly Tenancy: 7 Days Notice
Yearly Tenancy: 1 Month Notice
If you need a copy of the wording for your notice, you can get it at our How to Evict a Tenant in North Carolina eBook.
Step 2 In to Evict a Tenant in North Carolina with No Lease: File the Summary Ejectment
Filing of the summary ejectment is the next step in the process when evicting a tenant with no lease.
You will file your summary ejectment in the county where your property is located. The form you want to use is a Complaint for Summary Ejectment.
Once you file the paperwork with the county clerk, the county clerk will give you a date you need to return for court. Additionally, you will have to have a copy of the complaint served on your tenant.
Step 3 In the Eviction Process in North Carolina with No Lease: The Eviction Court Process
When you appear in court, the magistrate is going to want some additional information from you, so make sure you are prepared.
Our blog and eBook on How to Evict a Tenant in North Carolina goes into detail about preparing for court, and provides you with a step by step guide on how to get ready.
For now, you want to have a copy of the old lease if there was one; any communications between you and the tenant; a copy of the notice letter you sent to the tenant; and any other documents you may have.
The court process to evict someone in North Carolina with no lease doesn’t change from the process to evict a tenant with a lease agreement.
Step 4 In the Eviction Process in North Carolina with No Lease: After Court has Ended
Ideally, the magistrate would have entered a judgment in your favor, and now you have to take the steps necessary to remove the tenant from your property.
Like the eviction process in North Carolina with no lease, preparing for after court is equally as important.
In fact, you want to follow everything the law requires, otherwise you may end up being sued by the tenant you just won against (and for more money).
For now, there is only one thing we want you to keep in mind:
DO NOT ATTEMPT TO REMOVE THE TENANT YOURSELF.
Despite the fact you won your case, you can’t simply remove the tenant.
The tenant has a right to appeal, and even if they don’t leave, you are going to need another court order and the help of the Sheriff to remove the tenant from the property.
The full process is out of scope of this blog, but our eBook on How to Evict a Tenant in North Carolina lays it out in detail. You can click on the link below to read it.
Wrapping Up The Eviction Process in North Carolina
And there you have it. A brief summary of the eviction process in North Carolina with no lease.
As we have stated many times throughout this blog, you would be best served by reading our blog and downloading our eBook on How to Evict a Tenant in North Carolina.
This way you don’t end up in hot water, and go through the process as smoothly as possible.
If you have any questions, don’t hesitate to reach out to us. We are here to help.
The Team at Linchpin Property Management.
The Pain in The Butt Disclaimer:
As always, information on this website is not intended to constitute legal advice, or the retention of our property management services, and is for general information purposes only.
Read our full disclaimer here: Legal Disclaimer
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