Key Takeaways
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Valid Grounds for Eviction: Common reasons include non-payment of rent, lease violations, or illegal activities.
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Providing Proper Notice: Landlords must issue a written notice to the tenant, detailing the reason for eviction and any remedial actions required.
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Filing an Eviction Lawsuit: If the tenant does not comply with the notice, the landlord can file a formal eviction complaint in the appropriate court.
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Court Hearing and Judgment: Both parties present their cases in court. If the judge rules in favor of the landlord, a judgment for possession is granted.
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Tenant Removal: Should the tenant refuse to vacate after the judgment, the landlord may request law enforcement assistance to remove the tenant.
State law bestows certain legal responsibilities upon landlords when it comes to tenant eviction. Regardless of the violation the tenant may have committed, landlords must follow the proper eviction process.
It’d be illegal, for instance, to try to throw out the tenant’s belongings or lock them out from the unit. These are forms of “self-help” eviction tactics considered illegal as per North Carolina eviction laws.
Other illegal eviction methods include coercing, harassing, or intimidating a tenant to leave. In North Carolina, as is the case in other states, a landlord must obtain a court order to evict a tenant. Any other method is bound to fail.
If you’re simply looking to learn about the basics of eviction, or are even considering evicting a tenant, here’s a guide to get you started.
What’s the Eviction Process in North Carolina?
Legal Grounds for Eviction
To begin a tenant eviction process in North Carolina, you must have a legal reason to do so. You cannot simply begin the process just because you dislike the tenant’s personality or lifestyle, or have differing political views.
Neither can you try to evict a tenant as a retaliatory tactic, due to a fair-housing-act-protected class, or due to a vague or unsubstantiated claim.
You must have a legally justified reason to do so. Below are the legal grounds for tenant eviction in North Carolina.
- Failure by the tenant to pay due rent.
- Continuing to stay after the lease has expired.
- Violating a term of the lease agreement.
- Engaging in illegal activity while on the property.
If you choose to continue with the eviction process after any of these violations has been committed, you must serve the tenant with an eviction notice.
Notice for Lease Termination with Legal Cause
The eviction notice to use against a tenant must be specific to the violation committed. It will inform the tenant what violation they have committed and what they must do within the notice period.
Eviction notices can be curable depending on the violation committed. If curable, all the tenant will need to do is fix the issue within the notice period and continue living on their rented premises. But if not, the tenant will have no option but to leave the premises within the notice period.
The following are the eviction notices landlords can use in North Carolina.
- 10-Day Notice to Quit for Nonpayment of Rent. This will give the tenant up to 10 days to pay the rent balance or vacate the premises.
- 7-Day Notice to Vacate for Tenants with no Lease. This is an incurable notice that will give the tenant 7 business days to leave or risk getting evicted.
- X-Day Notice to Comply or Vacate for Lease Violations. With this notice, you can choose the notice period to give tenants to fix a lease violation.
Please note that these eviction notices must be served in a particular way lest the whole process fail.
The following are the legal gold standard methods of serving eviction notices in North Carolina.
- Hand delivering it to the tenant.
- Leaving it with a person of a suitable age who can accept it on the tenant’s behalf. This can either be at the tenant’s dwelling or their usual place of abode.
- Delivering it by mail (registered or certified). You must also make sure you request the return receipt for record-keeping.
Tenant Eviction Defenses in North Carolina
Mistakes during the eviction process can lead to legal issues. A tenant can use them against you in court to delay or stop their eviction. That’s why following the state’s step-by-step eviction process is key for a successful eviction.
The following are common tenant eviction defenses in North Carolina:
- Improper notice that may lack crucial details, such as the tenant’s name, notice period, or reason for the eviction.
- The tenant complied with the eviction notice. For instance, if the eviction was due to unpaid rent, the tenant made the rent payment within the notice period.
- The eviction was a retaliatory tactic after the tenant exercised a legal right, such as requesting for necessary repairs.
- The eviction was based on discriminatory reasons, such as the tenant’s race, color, religion, sex, or nationality.
- You used a “self-help” method. For instance, you may have shut off the tenant’s utilities or changed their locks to keep them out.
Attending Court Hearing
If the tenant doesn’t move out within the notice period, you can escalate things further to the courts. In court, you’ll need to pay $96 for filing. After doing this, expect the hearing to take place no more than 7 days after the summons was issued.
The judgment can be in your favor in either of two ways. That is, through a default judgment if the tenant fails to appear for the hearing. Or, if you are able to convince the court through your submissions during the eviction hearing.
Writ of Possession
In North Carolina, a court order to remove a tenant from their rented premises is called a writ of possession. The legal document acts as the tenant’s final notice to leave.
For evictions involving illegal activity, the eviction will occur immediately. For other evictions, like nonpayment of rent, the eviction can take up to 5 days after the sheriff’s office has been served with the writ.
If the tenant refuses to leave, the sheriff will carry out a forceful eviction. They may bring any personal items left behind by the tenant to a storage facility anywhere in the county.
Conclusion
Now you know what process to take for a successful eviction process against a difficult tenant in North Carolina. As previously mentioned, mistakes can be costly. They can prolong the process, which can mean additional stress, money, and time.
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Disclaimer: This blog should not be used as a substitute for legal advice from a licensed attorney in your state. Laws frquently 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 property management needs.
