A Guide to the Eviction Process in Greensboro, NC

Key Takeaways

• Know Your Rights and Responsibilities: As a landlord in North Carolina, it’s important to understand both your rights and the responsibilities of your residents. This includes ensuring rent is paid on time, the property is kept safe, and the lease terms are followed.

• Follow the Proper Eviction Process: If you need to evict a resident, make sure you have a legally justified reason and follow the correct steps. This includes serving the appropriate eviction notice and avoiding any illegal methods.

• Serve Notices Correctly: Whether it’s a 10-day notice for nonpayment of rent, a 7-day notice to move out, or a notice to comply or vacate, serving these notices properly is crucial. Improper service can lead to legal defenses from the resident.

• Attend Court Hearings: If the eviction process goes to court, be prepared to attend the hearing. A default judgment in your favor can be achieved if the resident doesn’t show up, but you’ll still need a Writ of Possession to finalize the eviction.

As a landlord in North Carolina, you have certain obligations under the state landlord-tenant laws, including when looking to evict a resident for violating the terms of the rental agreement.

Understanding North Carolina eviction laws and NC eviction rules is essential to ensure you follow the correct legal process and avoid issues that could arise if a landlord failed to meet their responsibilities.

Under the rental agreement, residents obtain certain responsibilities, such as paying due rent, keeping the unit safe and habitable, and using the property for its intended purposes. If the resident fails to abide by any of these responsibilities, you may have grounds to begin a North Carolina eviction.

However, before filing an eviction lawsuit, you must provide the required written notice and follow all applicable legal steps.

Be that as it may, you are similarly obligated to follow the proper eviction process to remove the resident. North Carolina landlords must not try to lock out the resident, remove their personal belongings from the unit, or use other illegal methods.

Retaliatory and discriminatory evictions are prohibited as well and can lead to legal consequences.

Here is a comprehensive guide by Keyrenter Triad on the process you must follow for a successful eviction, including important details about North Carolina eviction laws, the required written notice, and how to navigate the eviction lawsuit process properly.

A Guide to the Eviction Process in North Carolina

Have a Legal Ground for Evicting the Resident

To begin the North Carolina eviction process against a resident, you must have a legally justified reason to do so. As a landlord, you cannot remove a resident without proper grounds outlined under the lease agreement and state laws. Common reasons for eviction include the following:

• The resident’s failure to make timely rent payments. If a tenant fails to pay rent on time, including their required monthly rent, the landlord may have grounds to begin the eviction process.

• Failure by the resident to move out after their lease is over. A resident who remains in the rental property after the lease term ends without permission may be subject to eviction.

• Violation of the lease by the resident. Lease violations, such as breaking agreed-upon rental terms or allowing unauthorized tenants to occupy the property, can provide a legal basis for eviction.

• Committing illegal activities at the rental property. Any unlawful actions taking place on the property may also be grounds for removal under North Carolina eviction laws.

Serve the Resident an Appropriate Eviction Notice

After having any of the aforementioned reasons, you can go ahead and terminate the lease. However, to do so, you must first serve the resident with the appropriate eviction notice.

Providing a written notice is a required step in the North Carolina eviction process, and landlords must follow the notice requirements outlined under North Carolina law.

The following are the eviction notices a landlord can use in North Carolina:

10 Days’ Notice for Nonpayment of Rent

Under North Carolina landlord-tenant law, landlords can evict tenants who don’t pay rent on time. Before moving forward with a North Carolina eviction, the landlord must provide a rent demand notice informing the resident of the unpaid balance and giving them the required time to resolve the issue.

The notice gives the resident up to 10 days to pay the balance due or move out. This notice period allows the tenant an opportunity to correct the violation before the landlord proceeds with the next steps of the eviction process.

North Carolina doesn’t obligate landlords to provide residents with a grace period before rent becomes late. So, rent automatically becomes late a day after it’s due. If the lease provides a grace period, you must honor it, though.

7 Days’ Notice to Move Out

This eviction notice applies where a resident doesn’t have a lease or their lease has expired. Residents with no leases are referred to as “tenants at will,” while those with expired leases are “holdover tenants.”

The eviction notice isn’t curable, and the resident must move out within 7 days. If they fail to do so, you can continue with the North Carolina eviction process by filing a lawsuit in court according to North Carolina law.

Notice to Comply or Vacate

You can also evict a resident who fails to uphold the terms of the lease. Unlike in most other states, North Carolina landlords aren’t legally required to give residents an advance notice to fix an issue.

This is entirely left to the landlord’s discretion. Examples of lease violations include: property damage, refusing landlord entry, and keeping unauthorized pets. 

Immediate Notice for Illegal Activity

When it comes to evicting a resident for illegal activities, no advance notice is required. You can proceed with the eviction process immediately by filing a lawsuit in court. Examples of illegal activities include: wilful property destruction, burning any enclosures on the property, and handling controlled substances. 

You must serve these eviction notices properly, though. Otherwise, the resident may use the impropriety as a legal defense in court. The following are the methods you must use. 

• Hand deliver it to the resident. 

• Leave it with another occupant of a suitable age in the absence of the resident. 

• Mail a copy to the resident’s address. 

Attend Court Hearing 

How quickly an eviction hearing is held in North Carolina depends on the type of court where the case is presented and the specific court rules that apply.

As part of the North Carolina eviction process, landlords must follow the requirements outlined under the North Carolina general statutes when pursuing legal action against a resident.

If the case is filed in small claims court, the hearing can typically be held within 7 days after the summons is issued. Small claims court handles many residential eviction matters and provides a streamlined process for resolving disputes involving a rental property.

If the case is heard in district court, the hearing can occur within 30 days after the complaint is served on the resident. The timeline may vary depending on court scheduling, filings, and other factors.

If the resident fails to show up for the hearing, the ruling can result in a default judgment in your favor. Landlords should also be aware of potential court costs associated with filing and completing the eviction process.

But even if the judgment favors you through an eviction hearing, the court will issue you a Writ of Possession. This will be the resident’s final notice to move out of the property before the sheriff carries out a forcible eviction according to North Carolina law.

Bottom Line

As a landlord in North Carolina, abiding by your legal obligations isn’t optional; it’s an expectation. Following the proper North Carolina eviction process is essential to protect both the landlord and tenant while maintaining a respectful landlord-tenant relationship.

These are the steps you must follow to successfully evict a resident from your rental property.

Before beginning an eviction, landlords must ensure they have valid grounds, such as a resident’s failure to pay rent, unpaid rent payments, or lease violations. Providing the required written notice and allowing the appropriate notice period are important steps before moving forward with legal action.

Using any other means will render the eviction futile. You may even have a case to answer for attempting an illegal eviction against the resident. If a tenant files a complaint due to improper eviction practices, it can create additional legal challenges and costs for the landlord.

If you have a question or need expert property management services in Greensboro, look no further than Keyrenter Triad. We provide comprehensive property management solutions for easy ownership and optimal ROI. Get in touch to learn more!

Disclaimer: Please note that the information provided in this blog is intended for general guidance and should not be considered as a replacement for professional legal advice. It is important to be aware that laws pertaining to property management may change, rendering this information outdated by the time you read it.