How to Evict Someone in North Carolina
How to evict someone in North Carolina is a question we frequently get as the only Fayetteville, NC property management company owned by a retired military attorney.
While the eviction process may seem easy, it is actually regulated by a diverse body of law. As a landlord who is looking to find out how to evict someone in North Carolina, you must realize you have to go step by step in order to ensure you get a favorable result in court.
In our previous blog, How to Evict a Tenant in North Carolina, we wrote extensively about how to evict someone in North Carolina. We recommend you read the full blog via the link at the end of this blog, and download the accompanying eBook to help guide you through the process.
For now, we will provide you with an overview on how to evict someone in NC, in order to provide you with a broad overview of the eviction process. But WE HIGHLY RECOMMEND, you read the more detailed description at the link at the end of this blog.
As an overview we will provide you with the 4 Key Steps to evict someone from your property.
You can continue reading, or you can jump to the more detailed guidance by clicking here: How to Evict a Tenant in North Carolina.
How to Evict Someone in NC, Key Step 1: Providing the Tenant with Notice
The first step to evict a tenant is providing the tenant with notice. Under North Carolina law, you must provide the tenant with notice prior to beginning the formal eviction process.
The notice requirement, however, is not absolute, and there are some exceptions to the notice requirement. Some common exceptions where you do not have to provide notice to a tenant include material violations of the lease agreement, and illegal activity.
Be warned, however, that material violations of the lease agreement don’t include things like the tenant painting the property.
For other evictions, you must include a 10 day notice in the case of late or non-payment of rent, and anywhere from two days to one month for holdover tenants.
Where applicable, the notice requirement is mandatory. If you fail to provide the tenant with proper notice, your case will be dismissed in court. Don’t be one of the landlords who immediately try to file the eviction when the tenant was one day late with rent.
You can read more about the notice requirement at the link below.
How to Evict Someone in NC, Key Step 2: Filing a Summary Ejectment
The next step in how to evict someone in NC is filing of the Summary Ejectment complaint.
The summary ejectment complaint is the first formal step in the process in evicting a tenant. In laymen’s terms, a summary ejectment means that the tenant has failed to comply with a request to do something (such as paying the rent); didn’t comply with the terms of your lease agreement; or has not left the property after you instructed them to leave.
Your summary ejectment will be filed in the county court where your property is located. The clerk of court will check your paperwork, and provide you with the date and time you have to appear in court. The clerk will also annotate the same information on the summary ejectment.
The summary ejectment will then be served on the tenant you are trying to evict by the county sheriff.
We have a detailed explanation of the summary ejection process at the link below. Additionally, our eviction eBook contains a sample summary ejectment.
How to Evict Someone in NC, Key Step 3: The Eviction Court Process.
The actual court process can be one of the most anxiety causing ordeals for you as a landlord. Evicting someone in NC never makes you feel good. Additionally, there may be frustration on your part because the tenant hasn’t paid their rent, or your property may be severely damaged.
Your preparation should be as thorough as possible. In our eviction guide, we provide you with a step by step process on what to bring with you, as well as a checklist to ensure you complete all the relevant steps.
The eviction court proceeding in small claims court is not as structured as a court proceeding in district court in NC. This, however, doesn’t mean you shouldn’t go into court professionally.
Remember, the high stakes start at this point.
At an minimum, you should bring photos, videos, copies of communications with the tenant (including the notice letters), and a copy of the lease. There are many other documents you can bring, and those are addressed in our full blog and eBook.
As the party bringing the case, you will present your evidence first. After you have completed your presentation, the tenant will present evidence next.
After presentation of the evidence, the magistrate judge will decide your case.
How to Evict Someone in NC, Key Step 4: The Eviction Judgment
If the judge rules in your favor, you won’t be able to evict your tenant immediately. The process is a little more lengthy, and involves a waiting period for the tenant to appeal the case, which is usually 10 days.
If the tenant doesn’t vacate after the waiting period the sheriff can then serve the writ of possession, and have the tenant forcibly removed from the property.
The Aftermath of the Eviction Process
There are many additionally considerations after you have evicted your tenant. Although we provide an overview of the process here, it is just a broad overview.
We highly recommend you read our full guide at the link below, download your FREE copy of our eBook, and if you have any questions, please don’t hesitate to reach out to us for assistance.
Read the full blog by clicking here: How to Evict a Tenant in North Carolina
The Team at Linchpin Property Management