Whether you are the tenant or the landlord, an eviction can be a daunting experience. Regardless of what side you are on, understanding the ins and outs of this process can help make it flow a little easier. Let me walk you through the essential steps in the eviction process, the legal requirements and consequences, as well as, other information that both Landlords and tenants should know.
1. Grounds for Eviction
A landlord in North Carolina must have legal grounds to start an eviction. A few common examples are:
Non-payment of rent: The number one reason for evictions I handle is past due rent. If a tenant fails to pay, the landlord automatically gets the right to start an eviction.
Lease Violations: Some of the regular lease violations we encounter at our firm are unauthorized pets and residents, damage to the property, and illegal activities. We’ll talk more about illegal activities later.
Holding over after the lease expires: What “Holding Over” means is staying at the property even though the lease has already expired.
2. Eviction Notice
Landlords are required to provide the tenant with notice before starting an eviction. The type of notice depends on the grounds for the eviction. Here are some examples:
Notice to Pay or Quit: As the name implies, this is used for nonpayment of rent. The default rule says a tenant must get 10 days' notice/demand to pay all the past due rent or vacate the property. Many leases will waive that requirement. All properties should receive a demand to surrender prior to filing an eviction.
Notice to Cure: This type of notice is used for lease violations. This notice usually provides the tenant a deadline to rectify the violations or vacate the property.
Immediate Notice: This is one that I rarely see. It is usually reserved for tenants conducting illegal activities inside the property such as creating, distributing, or consuming controlled substances, the Landlord is not required by law to provide a notice in these situations and can start the eviction immediately.
3. Eviction Filing
If the tenant does not comply with the demands on the notice, the landlord can proceed to file a “Summary Ejectment” case in their respective county courthouse. In the state of North Carolina, all eviction/summary ejectment cases are handled through small claims court.
4. Court Dates and Hearings
Once the Summary Ejectment case has been filed, the court will schedule a hearing after seven days to two weeks (Totally depending on what county you are under). During the aforementioned hearing, both sides will have an opportunity to present their case, and therefore bring the following to court:
Landlords: It varies from case to case but, the landlord should bring copies of the lease, ledger, and copies of any communication with the tenant regarding the grounds of their eviction, and, of course, any evidence supporting their claims.
Tenants: Tenants should bring evidence disputing the grounds for their eviction like receipts for rent payments, proof of property damage repairs, or other documents that can dispute the landlord’s claims.
5. Judgement
Landlords: If the court rules in the landlord’s favor he is given possession of the property, and the tenant will be given 10 days to vacate voluntarily or file an appeal. If the tenant does neither then the landlord can file a Writ of Possession. More on that later.
Tenants: If the tenant wins the eviction they get the right to stay at the property, as well as other rulings that are determined on a case-by-case basis by the court, like monetary damages that the landlord has to provide to the tenant.
6. Writ of Possession
If the Landlord wins the eviction hearing, and the tenant does not file an appeal or vacate the property within the ten days that the court provides, then the Landlord should proceed with filing a Writ of Possession. This allows the Sheriff's Dept to schedule a lockout and remove the tenant from the property.
7. Conclusion
In North Carolina, or any of the 50 states, the eviction process is an arduous ordeal that requires careful maneuvering of the court’s legal procedures and timelines. Regardless of which side you are on, landlord or tenant, you need to know your rights and obligations before starting an eviction.
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Are you a landlord or property manager that needs help with an eviction? Call us at +1 980-263-9926, send us a message on Facebook, or reach out through our Website, and book a free 30-minute consultation, today!
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