Key Takeaways
Strict Legal Process: Landlords in North Carolina must follow a detailed legal process to evict a tenant, including serving the correct notice and filing a Summary Ejectment lawsuit if necessary.
Prohibited Self-Help Evictions: North Carolina law prohibits landlords from using self-help methods, such as changing locks or shutting off utilities, to remove tenants without a court order.
Writ of Possession: If a court rules in favor of the landlord, a Writ of Possession is issued, allowing law enforcement to remove the tenant. Landlords must follow specific procedures to store any remaining tenant belongings.
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Evicting a tenant in North Carolina involves a legal process that landlords must follow carefully to avoid delays, penalties, or even dismissed cases.
Whether it’s due to nonpayment of rent, lease violations, or illegal activity, North Carolina law outlines specific steps that property owners must take to regain possession of their rental units.
The eviction process typically starts with serving the appropriate notice, depending on the reason for termination. If the tenant does not comply, the landlord must file an eviction lawsuit, known as a Summary Ejectment, in court.
A judge will then determine whether the tenant must vacate the property. If the court rules in favor of the landlord and the tenant still refuses to leave, a Writ of Possession is issued, allowing law enforcement to remove the tenant and their belongings.
North Carolina has strict rules regarding self-help evictions. Landlords cannot change the locks, shut off utilities, or remove a tenant’s possessions without a court order.
Understanding each step of the eviction process is crucial for landlords to ensure compliance with North Carolina’s Landlord-Tenant Laws while efficiently handling tenant removals.
Keep on reading this article by RedStone Property Management to learn more about the North Carolina eviction process.
Notice for Lease Termination With Legal Cause
A North Carolina landlord can evict a renter for various reasons. Such reasons include:
Failure to pay rent on time
Engaging in illegal activities on the premises
Breaking the terms of the lease agreement
Remaining on the property after the lease ends
The type of eviction notice issued varies based on the reason for termination. Generally, there are three types of eviction notices issued in North Carolina:
10-Day Notice to Pay Rent or Quit: Given when a tenant fails to pay rent. The tenant has ten days to pay the overdue amount or vacate the property.
Notice to Cure or Quit: Issued when a tenant violates the lease terms. The tenant has time to fix the violation or move out, depending on the severity.
Unconditional Quit Notice: Used for severe lease violations, such as illegal activity or serious property damage. These notices typically do not allow the tenant an opportunity to correct the issue. Look into the security deposit laws to know whether or not you can make any deductions.
Serving a Tenant With an Eviction Notice in North Carolina
If there is no specific cause for eviction, the procedure for terminating a lease depends on the length of the tenancy:
For a month-to-month lease, North Carolina landlord-tenant laws require that you provide the tenant with a 7-day notice to end their tenancy.
For a fixed-term lease, you must wait until the lease period ends to terminate the tenancy unless there is a lease violation.
In both cases, the notice must clearly state that the lease will not be renewed for another term.
Tenant Eviction Defenses in North Carolina
A defense is a legal reason why the landlord (petitioner) should not win the eviction case. In North Carolina, tenants may raise the following defenses:
Unsafe or uninhabitable living conditions
Breach of North Carolina landlord-tenant laws
Eviction in retaliation for tenant actions
Failure to follow proper eviction procedures
Illegal eviction methods, such as lockouts or utility shutoffs
Attending the Court Hearing
North Carolina landlord-tenant law requires both the landlord and the tenant to attend the eviction court hearing. If the tenant loses the case, they typically have 30 days to appeal the decision.
Unlike some states, North Carolina does not provide an automatic right for tenants to pay overdue rent and stay once a judgment is entered for eviction.
If the tenant does not voluntarily vacate, the court will issue a Writ of Possession, which authorizes law enforcement to remove them from the property.
If the tenant fails to appear at the hearing after being properly served, the judge may issue a default judgment in favor of the landlord.
Writ of Possession
The Writ of Possession serves as the tenant’s last notification to vacate the rental property. The writ provides an approximate time when the sheriff will come to remove the tenant, giving them an opportunity to vacate the property and remove their belongings before law enforcement arrives.
If the court has ruled in the landlord’s favor, the Writ of Possession will be issued 10 days after the ruling, allowing tenants time to file an appeal.
Once issued, the writ is given to the Sheriff’s Department or a designated court officer, who has up to five days to execute it and oversee the eviction.
If a tenant does not remove their personal belongings after the Writ of Possession is carried out, the sheriff has the authority to relocate the items to a storage facility within the county.
The sheriff may request that the landlord cover the upfront costs for transportation and storage. If the landlord refuses to pay these costs, the sheriff will leave the tenant’s belongings in place and return the writ of possession to the court clerk.
The Eviction Process
Once the Writ of Possession has been served, the sheriff or court officer will oversee the eviction process. The landlord will be allowed to enter the rental unit and remove the tenant’s belongings if they have not vacated voluntarily.
Under North Carolina law, the landlord is required to store a tenant’s belongings for at least 7 days after regaining possession of the property.
During this time, the tenant may retrieve their belongings, but the landlord can charge reasonable storage fees. If the tenant does not claim their belongings within this period, the landlord may dispose of them as permitted by law.
Bottom Line
The eviction process in North Carolina requires landlords to follow strict legal procedures to remove a tenant successfully. From serving the correct eviction notice to filing a lawsuit and obtaining a Writ of Possession, each step must be handled properly to avoid delays or legal complications.
Additionally, North Carolina law prohibits self-help evictions, meaning landlords cannot forcibly remove tenants or their belongings without a court order.
At RedStone Property Management, we understand how stressful and time-consuming the eviction process can be. Our experienced team provides comprehensive property management services, ensuring that all legal procedures are followed correctly while minimizing risks for landlords.
If you're facing tenant issues or need professional property management assistance, contact RedStone Property Management today for expert guidance and stress-free solutions!
Disclaimer: Please note that the information provided in this blog is intended for general guidance and should not be considered as a replacement for professional legal advice. It is important to be aware that laws pertaining to property management may change, rendering this information outdated by the time you read it.
