The Guidelines for Filing an Eviction Notice in North Carolina
Landlords in North Carolina must use the legal eviction process to remove a tenant from a rental property. The landlord may not use self-help measures such as locking the tenant from the unit or turning off utilities to force the tenant to vacate the property. The eviction process ensures the landlord and tenant both have an opportunity to state a case before the North Carolina courts.
Notice
Landlords must give the tenant a notice before filing an eviction complaint with the court. The notice gives the tenant an opportunity to correct a problem before going to court. For example, if a tenant fails to pay rent, the landlord must provide the tenant with a notice to pay the rent or vacate the property. Landlords must wait 10 days before filing a complaint with the court. Once the tenant fails to comply with the notice, the landlord may file a summons and complaint with the Magistrate's Court in North Carolina.
Filing an Eviction
The summons and complaint will state the time and date of a court hearing for the eviction proceeding. Tenants must respond to the notice and appear in court to avoid a default judgment in favor of the landlord. A sheriff must serve the complaint notice to the tenant in person or by posting it on the property.
Court Hearing
The eviction hearing is an opportunity for the tenant to provide a defense against the landlord's complaint. Tenants may also file a counterclaim against the landlord during the eviction hearing. For example, if the landlord attempted to illegally evict the tenant, the counterclaim may provide damages to the tenant. The court will hear both sides of the case and determine possession of the property.
Appeal
The landlord and tenant have 10 days to appeal the decision of the court. The landlord may not evict the tenant during the 10 days. Tenants must pay rent to the court in North Carolina during the appeals process.
Writ of Possession
The landlord must file for a writ of possession after the court hearing and appeals process has completed. The sheriff must remove the tenant and his belongings from the property. Tenants have 10 days to remove personal belongings from the unit after the sheriff physically removes them from the property. If tenants fail to remove personal belongings from the property within 10 days, the landlord may dispose of them.
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