Nc Landlord Eviction Withdraw

State:
North Carolina
Control #:
NC-EVIC-PKG
Format:
Word; 
Rich Text; 
PDF
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Description

This package contains the essential state-specific forms a landlord needs to evict a tenant. If you need to get rid of an unwanted tenant, this money-saving package ensures that you follow the rules of your state. Included in this package are the following forms:


10 Day Notice to Pay Rent or Lease Terminates for Residential Property - This form is used by a landlord to demand payment of overdue rent from a residential tenant within 10 days from giving the notice, in accordance with the laws of your state. (Note: If a written agreement provides for a longer notice, use the notice length stated in the agreement). "Residential" includes a house, apartment, or condo. If the tenant fails to pay within 10 days, the lease may be considered terminated by the landlord. The tenant is informed that the tenant must either pay the rent or suffer possible termination. If he does not pay, the landlord may begin eviction proceedings. If the Landlord does not elect to proceed with termination or eviction, but instead agrees to accept rent after the termination date stated in the notice, the lease is generally reinstated.



30 Day Notice to Terminate Year to Year Lease - Residential - Notice Prior to End of Term - This form is for use by a Landlord to terminate a year-to-year residential lease. "Residential" includes houses, apartments, and condos. Unless a written agreement provides otherwise, the landlord does not have to have a reason for terminating the Lease in this manner, other than a desire to end the lease. A year-to-year lease is one which continues from year-to-year unless either party chooses to terminate. Unless a written agreement provides for a longer notice, 30 days notice is required prior to termination. The notice must be given to the tenant at least 30 days prior to the end of the current lease year. The form indicates that the landlord has chosen to terminate the lease, and states that the lease will terminate at the close of the current lease year, by which the tenant must vacate the premises.



7 Day Notice to Terminate Month to Month Lease – Residential - This form is for use by a landlord to terminate a month-to-month residential lease. "Residential" includes a house, apartment, or condo. Unless a written agreement provides otherwise, the landlord does not have to have a reason for terminating the lease in this manner, other than a desire to end the lease. A month-to-month lease is one which continues from month-to-month unless either party chooses to terminate. Unless a written agreement provides for a longer notice, 7 days notice is required prior to termination in this state. The notice must be given to the tenant within at least 7 days prior to the termination date. The form indicates that the landlord has chosen to terminate the lease, and states the deadline date by which the tenant must vacate the premises.



7 Day Notice to Terminate Month to Month Lease – Nonresidential - This form is for use by a Landlord to terminate a month-to-month non-residential lease. "Non-Residential" includes commercial and industrial property. Unless a written agreement provides otherwise, the Landlord does not have to have a reason for terminating the lease in this manner, other than a desire to end the lease. A month-to-month lease is one which continues from month-to-month unless either party chooses to terminate. Unless a written agreement provides for a longer notice, 7 days notice is required prior to termination in this state. The notice must be given to the Tenant within at least 7 days prior to the termination date. The form indicates that the landlord has chosen to terminate the lease, and states the deadline date by which the tenant must vacate the premises.



10 Day Notice to Pay Rent or Lease Terminates for Nonresidential or Commercial Property - This form is used to relay to the tenant that he/she have 10 days to pay all rent due, or the lease terminates.



30 Day Notice to Terminate Year to Year Lease – Nonresidential - This form is for use by a landlord to terminate a year-to-year non-residential lease. "Non-Residential" includes commercial, industrial, etc. property. Unless a written agreement provides otherwise, the Landlord does not have to have a reason for terminating the lease in this manner, other than a desire to end the lease. A year-to-year lease is one which continues from year-to-year unless either party chooses to terminate. Unless a written agreement provides for a longer notice, 30 days notice is required prior to termination. The notice must be given to the tenant within at least 30 days prior to the end of the current lease year. The form indicates that the landlord has chosen to terminate the lease, and states that the lease will terminate at the close of the current lease year, by which the tenant must vacate the premises.



Complaint in Summary Ejectment - This form is used by a landlord to begin an eviction case against an unwanted tenant.



Writ Of Possession Real Property - This form is used to request that the court order the sheriff to evict the tenant and return possession of the premises to the landlord.



Judgment in Action for Summary Ejectment - This is signed by the judge after making a ruling in an eviction case.



Judgment in Action for Summary Ejectment Criminal Activity - This is signed by the judge after making a ruling in an eviction case involving criminal activity by a tenant.

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  • Preview North Carolina Landlord Tenant Eviction / Unlawful Detainer Forms Package
  • Preview North Carolina Landlord Tenant Eviction / Unlawful Detainer Forms Package
  • Preview North Carolina Landlord Tenant Eviction / Unlawful Detainer Forms Package
  • Preview North Carolina Landlord Tenant Eviction / Unlawful Detainer Forms Package
  • Preview North Carolina Landlord Tenant Eviction / Unlawful Detainer Forms Package

How to fill out North Carolina Landlord Tenant Eviction / Unlawful Detainer Forms Package?

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FAQ

In North Carolina the eviction process is called SUMMARY EJECTMENT. The first step is to notify the tenant that he or she must move out by a specific date. This is known as the "notice to vacate". The notice may be oral or written.

North Carolina laws dictate that a tenant must vacate the property within 5 days once the Writ of Possession is posted or delivered to the sheriff's office. This, along with the 10 days before the Writ is issued allows the tenant a maximum of 15 days to appeal the ruling and vacate the property.

FEES: Filing Fee $96.00 HEARING DATE: Service Fee $30.00 for each Defendant. Summary Ejectment cases are set approximately Seven (7) days from filing. (If Criminal Activities is selected the courtdate will be set approximately Fifteen (15) days from filing.

Simply put, the Motion to Stay the Writ of Possession is a document filed with the court asking the judge to ?stay? or ?stop? the sheriff from executing the Writ of Possession and removing the resident. It can be a typed or handwritten document filed by the resident or the resident's attorney if one is retained.

There are only three things that can stop an eviction: A court order, a landlord's statement to a deputy on the padlocking date, or a dismissal that is filed with the clerk of court. An appeal does not end an eviction case. An appeal is a request for a new hearing.

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