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An eviction is of a party that has a legal right to occupy property usually through a lease. An ejectment is against a person who has no legal right to occupy property.
The most common way to prove superior right to possession is to present the court with a certified and recorded deed. The defendant may assert various defenses to the ejectment action such as the deed is fraudulent, existence of a landlord-tenant relationship, and/or adverse possession.
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.
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.