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The landlord cannot use self-help measures such as changing the locks or stopping the utilities. Tenants can only be evicted by the Sheriff's Office, and only after the Court has entered a judgment against them and the Clerk issues a ?Writ of Possession.? Normally, the eviction process takes about 3 weeks.
Below is a general overview on how to evict a tenant in NC. Serving an Eviction Notice in NC. ... Filing a Summary Ejectment. ... Serving the Summons and Complaint. ... The Hearing. ... The Magistrate's Judgment. ... Changing Locks on the Property. ... Handling Personal Property. ... Timeline for the Eviction Process.
In North Carolina, eviction hearings are scheduled depending on which court the eviction is to be held in. Evictions in small claims court are held as early as 7 days from the date the Summons was issued by the court. Evictions in district court will be held within 30 days from the date the Summons was served.
Landlords cannot force tenants out of their homes without going to court, for instance, by changing the locks, turning off utilities or removing the doors. Landlords may send tenants ?eviction notices? warning tenants that they plan to file for eviction unless the tenant moves out first.
In court, the landlord must prove that grounds for eviction exist. Landlords can evict tenants under the following circumstances: The tenant did not pay rent, the landlord made a demand for rent and waited 10 days, but the tenant still has not paid the rent. The lease has ended, but the tenant has not moved out.
For month-to-month leases, there must be seven days of notice. For year-to-year leases or those with other definite terms, landlords must notify the tenant, or vice versa, within a month of the end of the lease. On leases lasting between one week and one month, notice must be given at least two days in advance.
Landlords aren't allowed to evict tenants without a court order, and the sheriff is the only person authorized to evict tenants. It's illegal in North Carolina for landlords to use self-help tactics to evict a tenant.
How to Evict a Tenant in North Carolina nonpayment of rent. tenant remaining on the premises after the termination of the lease and without the consent from the landlord ("hold-over tenant") tenant breaching a term or terms the lease or rental agreement, and. drug trafficking and other criminal activity.