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When a person is in possession of a property and there is no agreement for rent, and therefore no landlord-tenant relationship, an ejectment is necessary. Ejectments are almost always more complicated, usually contested, and the process can take considerably longer than an eviction.
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.
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.
1. Landlord sends tenant a Notice of Intent to File a Complaint for Summary Ejectment (Failure to Pay Rent) 10 days before filing a complaint. 2. This Notice gives the tenant 10 days to pay the amount of unpaid rent claimed before the landlord files a complaint with the court.
The eviction complaint In North Carolina, the legal term for eviction is ?summary ejectment.? The case starts when the landlord files a document that is called a Complaint in Summary Ejectment, which is also called an ?eviction complaint.? In an eviction case, the landlord is the plaintiff. The tenant is the defendant.