3 Common Mistakes Landlords Make in North Carolina Evictions

3 Common Mistakes Landlords Make in North Carolina Evictions, And How to Avoid Them

Are you a landlord navigating an eviction in North Carolina? Here are three frequent missteps and how to avoid them.

1.) Improper Notice Procedures

The notice to vacate or notice to quit is the first step in an eviction or summary ejectment case. I’ve heard too many stories of landlords using the wrong notice, not giving the tenant the correct timeframe, or just skipping the notice entirely.

• For non-payment of rent, a landlord should generally give a 10-day notice before filing the eviction.

• For lease violations, like property damage, unauthorized residents, or a secret pet, review the lease since it should specify the notice period. I can’t stress this enough, landlords must follow the time period exactly as it was stated in the lease.

• If the lease has expired and the tenant is holding over, the required notice depends on how often rent is paid. A 7-day notice for week-to-week rentals and a 30-day notice for a month-to-month tenant.

Mistake: Filing the eviction too early without giving the required notice.

Solution: Double-check the lease agreement and North Carolina statutes before serving notice.

2. Filing in the Wrong Court Jurisdiction

North Carolina’s court system has county-based jurisdictions. In which Small Claims Court your summary ejectment case is heard depends on where the rental. Filing in the wrong jurisdiction can result in dismissal or postponement.

Take the time to:

• Confirm the county in which the leased property exists.

• File in the correct Small Claims Court.

• Pay the required filing fee and make sure the court summons is served appropriately.

Mistake: Filing in the wrong county or not following the proper filing procedures.
Solution: File in the county where the rental property is located, pay the filing fee, and serve the summons correctly. When in doubt, confirm with the local courthouse or county website.

3. Poor Preparation and Documentation

An eviction case is only as strong as the evidence you bring to court. If you show up to your court date with only verbal claims, with little proof, you’re in for a long day and probably a judgment that isn’t in your favor.

Documents to prepare include:

• A copy of a signed and dated lease agreement.

• A ledger or payment records that can prove missed rent payments.
  

• Copies of all the notices served to the tenant

• If there was any property damage, Photos and/or videos that can prove it in court.

Mistake: Going to court without solid documentation.

Solution: Keep organized records from the start of the lease and bring multiple copies to court.

Final Thoughts

Evictions in North Carolina follow a strict legal process. A missed notice, an improper action, or a lack of documentation can all send you back to square one.

By avoiding these three common mistakes, landlords can save time, protect their investments, and move through the process smoothly.

Now We’d Like to Hear From You

Every landlord has a story. Some tenants fail to pay, some damage property, and others drag their feet when it’s time to move out.

What’s been your biggest headache as a landlord?

• Missed rent?

• Property damage?

• Lease violations?

• Something else?

Share your experience, we’d love to know!

Are you a landlord or property manager who needs help with an eviction? You can call us at +1 980-263-9926, send an email to george@gibbsglaw.com, message us on Facebook, or reach out through our Website, and book a consultation today!