As a landlord in North Carolina, have you ever been curious about the state’s laws regarding the process of evicting a tenant? While no landlord ever wants to be in this situation, sometimes it’s necessary to evict tenants from your rental property, and that’s why as a landlord it’s crucial to be familiar with the legal process.
Attempting to evict a tenant without following the legal procedures defined by North Carolina’s landlord-tenant laws could result in tangible legal consequences. That’s why we have provided our comprehensive guide to North Carolina’s eviction process.
What is the Eviction Process in North Carolina
The eviction process can be lengthy. In NC, it can take landlords around 1 to 3 months to complete the eviction process, depending on the reason for the removal and which court the eviction case is held in.
If a tenant files an appeal, then the process can take even longer! But does it take so long to evict a tenant from a rental? Keep reading to find out what you need to know about the legal eviction process in North Carolina.
Notices and Legal Cause
The first thing to know when it comes to the North Carolina eviction process is the reasons that a landlord may legally evict a tenant from a rental property. In North Carolina, a landlord may only begin the process if there is a just cause.
The following are the valid reasons why a landlord may evict their tenant in North Carolina:
- The tenant fails to pay rent on time
- The tenant stays on the property after the lease agreement has ended
- The tenant violates the terms of the lease agreement
- The tenant participates in illegal activity on the rental
Regardless of the reason for removal, a landlord cannot just kick their tenants out of the dwelling. According to landlord-tenant laws in North Carolina, every tenant must be provided with proper written notice before eviction. The type of notices varies depending on the reason.
These are the types of notices that follow North Carolina law:
- Nonpayment of Rent: If a tenant is unable or fails to pay rent on time, then the landlord may give them 10 days’ notice to either pay the due rent in full or be evicted from the dwelling.
- No Lease / End of Lease: If the tenant does not have a rental or lease agreement or the lease term has ended, then the landlord may give the tenant 7 days' notice for eviction.
- Lease Violations and Illegal Activity: If the tenant has violated the terms of the lease or rental agreement by, for example, damaging the rental home or they have participated in illegal activity on the properties, then no notification will be needed for eviction, and the landlord may immediately proceed with filing an eviction lawsuit.
Once landlords have a legal reason and have identified the type of notice to use. The next step to the eviction process, is to serve the tenants with the eviction notice.
This can be done in accordance with the state's eviction laws in any of the following ways:
- Delivering the proper notice to the tenants in person
- Leaving a copy of the notices with someone of “suitable age” who lives with the tenant in question
- Posting a copy of the notice on a visible place of the rental home like the front door
The Court Hearing
The next step in the eviction proceedings is for the landlord to file a complaint with the court. Then, the summons and complaint will be served to the tenant by a sheriff. This is when the court hearing will be scheduled.
Both the landlord and the tenant are required to be present at the eviction court hearing. If the tenant fails to be present for the court process, then the court may rule in favor of the landlord by default, and the tenant will have to move out of the rental home.
If the court rules in favor of the landlord at the eviction hearing, then a writ of possession will be issued and the process will move to the next step.
The Writ of Possession
This refers to the final notice that tenants may receive to vacate the rental property and remove their belongings before the sheriff returns to the dwelling and removes them.
If the court has ruled in favor of the landlord, then the writ of possession may be issued within 10 days of the ruling. This gives a tenant enough time to file an appeal should they wish to do so.
Bottom Line
The legal process of eviction must be properly followed. Now that you’ve read our comprehensive guide on the process, you will be prepared should this unfortunate situation ever arise. As a landlord, you should also remain informed about all regulations pertaining to handling or breaking a lease in North Carolina, security deposit laws, and rent increase policies.
Have any more questions about evictions, landlord-tenant laws, or any other aspect of your rental? We would love to answer them! Contact our knowledgeable team here at House in Order Property Management today to receive only the highest quality property management services.
Our experience makes us uniquely qualified to provide you with any advice you may need to help your rental home succeed. Whether you need more information on navigating landlord-tenant laws, or would like someone to manage your rental properties on your behalf, we are here for you!
Disclaimer: This blog should not be used as a substitute for legal advice from a licensed attorney in your state. Laws change, and this post might not be updated at the time of your reading. Please contact us for any questions you have in regards to this content or any other aspect of your rental management needs.
