North Carolina Eviction Timeline
The North Carolina eviction timeline is not set in stone. In fact, although the law has certain time periods built in, the eviction timeline will usually adjust to the left depending on the case load of the court.
Ideally, the length of time it takes from start to finish would be 48 days. This North Carolina eviction timeline, however, is based upon a strict reading of the guidelines set forth by statute.
There are five key times calculated into the North Carolina eviction timeline.
We highly recommend you take a look at our detailed blog, and eBook, on the step by step process for the eviction process by clicking the link at the end of this blog.
North Carolina Eviction Timeline Key Element 1: Notice to the Tenant (10 days)
Under North Carolina law, you must provide the tenant with, at most, a 10 day notice to your tenant for nonpayment of rent. This 10 day notice requirement is applicable to eviction proceedings for nonpayment of rent.
Other grounds for eviction have different notice requirements. We use the 10 day notice requirement in this example for purpose of illustrating the North Carolina eviction timeline.
These notices are collectively known as a Notice to Quit in North Carolina eviction law.
North Carolina Eviction Timeline Key Element 2: Filing of the Summary Ejectment to the Hearing (14 days)
The court will usually schedule the hearing about 14 days after you file your summary ejectment. Again, this is not set in stone, as the workload of the court will dictate when your hearing will actually occur.
This point is important, as during the current pandemic, where evictions are halted, there will be a rush to the courthouse to file complaints for summary ejectment. As a landlord, you should expect a delay in when your case will be heard.
North Carolina Eviction Key Element 3: Filing a Writ of Possession (10 days)
Even if you win a judgment in court, you can’t immediately possess your property. There is still a waiting period.
After the judge orders the tenant to vacate, the tenant has 10 days to vacate the property. The tenant can vacate voluntarily, or the court will issue a writ of possession, which will allow the sheriff to remove the tenant from the property.
Key Element 4: Possession of the Property (7 days)
If the tenant does not vacate the property during the 7 days waiting period, the sheriff can remove them from the property. The writ of possession is what gives the sheriff the authority for removal.
Removal does not mean the sheriff will have to necessarily remove the tenant by physical force. If need be, however, the sheriff can, and will, arrest a non complying tenant.
North Carolina Eviction Timeline Key Element 5: Disposal of Property (7 days)
If the tenant has left property in the house, you have a statutory waiting period before you can dispose of the property. The waiting period varies, as does the method by which you should dispose of the property.
You must follow the law in regards to the disposal of property, otherwise you could end up in legal trouble yourself.
Learn More and Grab our Free Eviction eBook
The eviction process is detailed, and is ultimately designed to protect the tenant. As a landlord, you must be aware of all the laws, as well as the correct process to carry out your eviction proceedings.
For a more in-depth look at the timeline, as well as the necessary requirements for each step, check out our detailed blog, and download our FREE eBook here:
The Team at Linchpin Property Management