EVICTIONS

An eviction in North Carolina is the legal process through which a landlord removes a tenant from a rental property due to violations of the rental agreement or failure to meet certain obligations, such as paying rent. In North Carolina, eviction is governed by state laws and typically requires the landlord to go through a formal process that includes court proceedings. The landlord cannot simply force the tenant to leave without following the legal steps.

Key Aspects of Eviction in North Carolina:

1. Grounds for Eviction: A landlord can initiate eviction proceedings for several reasons, including:
   • Non-payment of Rent: If a tenant fails to pay rent when it is due, the landlord can begin the eviction process.
   • Violation of Lease Terms: If a tenant violates other terms of the lease, such as unauthorized subletting, causing property damage, or engaging in illegal activities on the property, the landlord may file for eviction.
   • End of Lease Term: If the lease has expired and the tenant remains in the property without the landlord’s permission, the landlord may seek eviction.
   • Nuisance or Illegal Activity: If the tenant is involved in illegal activities or causes disturbances that affect other tenants or the property, eviction may be warranted.
   • Failure to Maintain the Property: If the tenant is responsible for maintaining the property and fails to do so, it could be grounds for eviction.
2. Notice to Quit: Before filing an eviction lawsuit, the landlord is required to provide the tenant with a written notice:
   • 5-Day Notice for Non-payment of Rent: If the tenant fails to pay rent, the landlord must provide a 5-day notice demanding payment of the overdue rent or vacating the property. This notice does not automatically terminate the lease but gives the tenant a chance to resolve the issue.
   • 10-Day Notice for Lease Violations: If the tenant violates the lease (e.g., causing damage or engaging in prohibited activities), the landlord can provide a 10-day notice to correct the violation or vacate.
   • 14-Day Notice for Serious Violations: For more serious violations (e.g., illegal activity), the landlord can provide a 14-day notice to vacate the premises.
3. Filing for Eviction: If the tenant does not comply with the notice and does not leave voluntarily, the landlord can file a summary ejectment lawsuit in Small Claims Court or District Court. This step is known as “filing for eviction” or seeking a writ of eviction.
   • Summary Ejectment: This is the legal term for an eviction lawsuit in North Carolina, where the landlord asks the court to order the tenant to be removed from the property.
   • The landlord files a complaint with the court, stating the reason for eviction and providing documentation (such as the lease agreement, rent records, and the notice to quit).
4. Court Hearing:
   • After the lawsuit is filed, a court date will be set. This is usually within 7-10 days after the complaint is filed. At the hearing, both the landlord and the tenant will have the opportunity to present their side of the case.
   • If the court rules in favor of the landlord, the judge will issue a judgment for possession, which allows the landlord to regain possession of the property.
5. Writ of Eviction:
   • If the court grants judgment in favor of the landlord, the landlord can request a writ of eviction from the court.
   • This writ is an official order directing the sheriff or a law enforcement officer to remove the tenant from the property.
   • The sheriff will serve the writ and schedule a time for the tenant’s removal. The tenant will be given 10 days to vacate the property after receiving the writ. If the tenant does not leave, the sheriff can physically remove them.
6. Tenant’s Rights During Eviction:
   • Defenses: The tenant has the right to present defenses during the eviction proceedings. For example, the tenant might claim that the eviction is retaliatory (e.g., for complaining about living conditions) or that the landlord did not follow proper legal procedures.
   • Appeal: If the court rules against the tenant, the tenant may be able to appeal the decision, although this process must be done quickly.
7. Removal Process:
   • Once the writ of eviction is executed, the sheriff can physically remove the tenant from the rental property if they do not voluntarily leave. The landlord cannot take matters into their own hands by changing the locks or removing the tenant’s belongings.
8. Tenant’s Personal Property:
   • After eviction, the tenant may be entitled to recover personal property left behind in the rental unit. North Carolina law requires that landlords store the tenant’s belongings for a period of time after eviction (typically for 10 days) and allow the tenant to retrieve them.
9. Eviction Record:
   • An eviction can appear on a tenant’s rental history and affect their ability to rent future properties. This could make it more difficult for the tenant to secure housing in the future.

Eviction Process Timeline in NC:

1. Notice of Default (for non-payment of rent or lease violations):
   • 5-Day Notice (Non-payment of rent)
   • 10-Day or 14-Day Notice (Lease violations or serious issues)
2. Filing for Eviction (Summary ejectment lawsuit):
   • Filed in Small Claims Court or District Court.
3. Court Hearing:
   • Typically scheduled within 7-10 days.
4. Writ of Eviction:
   • Issued after a favorable court judgment.
5. Tenant Removal:
   • Sheriff physically removes the tenant if they do not vacate.