In October 2022, nearly 15,000 evictions were filed across the state of North Carolina. Evictions, since then, have continued to be on the rise.
Tenant evictions aren't ideal for landlords, but they are necessary in some cases. If tenants aren't paying rent or following their lease agreement, landlords need to protect themselves.
To stay compliant during the eviction process, keep reading.
Eviction Reasons
The first step in the tenant eviction process is providing notice. This notice serves as a letter to the tenant to explain why they are in danger of getting evicted.
You have to have legal grounds for tenant evictions. In the notice, you also need to give tenants a timeline of how long they have to comply before they get evicted.
In North Carolina, landlords cannot evict tenants without this notice. The four most common reasons to evict a tenant are:
- Conducting legal activity
- Failure to pay rent/nonpayment of rent
- Non-renewal of the lease after the end of the rental period
- Violation of the lease agreement
Violating a lease agreement might involve a tenant having a pet when they aren't supposed to. However, failure to pay rent is the most common eviction reason.
Filing a Complaint
If a tenant doesn't comply with the eviction notice requirements, the second step of the process is to file a legal complaint with the correct justice court in Raleigh.
Correct filings are critical for successful evictions. The steps in the filing process are:
- Proceeding to the correct justice court
- Filling out the "Complaint in Summary Ejectment" form
- Paying the filing costs
Most evictions are held in small claims court. It can take up to 30 days to file a complaint, depending on the reason for the eviction. A property management company can handle this task for you.
Serving the Tenant
The third step is serving the Summons and Complaint to the tenant. A landlord cannot serve these documents, but they must be delivered by someone else within 5 days from the date that the Complaint was filed.
These documents will contain information for the eviction hearing. During the hearing, a landlord will file a motion to get a judgment for possession.
Landlords must provide a strong argument that includes solid evidence against the tenant in question. To remove the tenant from the property legally, the landlord has to win the eviction hearing.
Getting Possession
Eviction laws require the landlord to get a Writ of Possession if they win the case. They will get this 10 days after the court rules in favor of them.
This court order is responsible for informing the tenant that they have to move out of the rental property to avoid being forcibly evicted.
The final step in the eviction process is to move the tenant out of the rental property. Under North Carolina law, the tenant has to vacate the property within 5 days after the landlord receives the Writ of Possession.
Tenant Evictions: The Legal Way to Evict
Tenant evictions can be complicated if you don't know what you are doing. This guide provides an overview of the tedious process of eviction.
Landlords unaware of the laws or those without the time to evict a tenant should hire a property management company.
At PMI Triangle Raleigh Property Management, we have the expertise required to evict tenants legally. Contact us now to begin the process.
