What is the eviction process in North Carolina?

Tenants and and landlords each have legal rights and responsibilities when property is leased between the two parties. In North Carolina, state laws governing the eviction of a tenant can be found in Chapter 42 of the General Statutes. This is the process of eviction, which is referred to in the statutes as summary ejectment.

Leases typically require that rent be paid on or before the first day of the month. Many leases provide a grace period through the fifth of the month in which rent could still be counted as on-time. North Carolina law allows landlords to pursue an eviction whenever rent is not paid on-time, or for any other breach of the lease.

Landlords are required to provide notice to the tenant that announces any intent to file for an eviction. This 10-day notice may be verbal or written, and it must provide advance notice to the tenant as a warning to upcoming legal action. Tenants may continue to enjoy the property if they cure the arrears plus any monthly late fees of up to $15 or 5%, whichever is greater. If the rent is not caught up within 10 days, then the landlord may initiate the eviction process only by filing for a summary ejectment in court. This is typically done in small claims court, although larger amounts above $5,000 may be pursued in district court.

The Sheriff will serve the tenant with a summons and complaint, which is official notice that an eviction has been requested in the courts by the landlord. At this point, the tenant would also have to pay the court costs in addition to the arrears in order to continue to remain in the leased property. The amount owed is listed on the documentation received by the tenant. Additionally, they are served with the date (usually within 1 week) and time of the court action that is being pursued.

The landlord bears the burden of proof, and must show written documentation that the lease has been breached through lack of proper rent payments or other terms. A tenant may attempt to avoid eviction by attending court and presenting a defense which may need to include a remedy if possible. If the landlord wins the case, then the judgment of the court typically requires that the tenant vacate the premises. A judgment often includes an order for the tenant to repay back rent as well as to cover any damages not covered by the security deposit.

Victory for the landlord does not mean the tenant has to vacate immediately. The landlord may not receive final permission from the court to execute the eviction for another 10 days. This time period is to allow the tenant time to appeal the court order. The tenant must generally pay court costs plus all rents owed to the clerk of court in order to mount an appeal.

Absent any appeal, the landlord may request final eviction from the court once the 10 days time period has expired. The judge would at this time issue a Writ of Possession that allows the landlord to reclaim the property. The Sheriff will then execute the eviction, which generally includes at least 2 days notice to the tenant. This is to allow for the tenant to remove all contents and transfer them to storage or a new dwelling. The locks may be changed within a week. If items are not allowed prior to actual eviction, then the tenant has only 10 days in which to reclaim the personal items and pay any storage fees in order to keep them. Otherwise, the landlord may dispose of the property.

As is normally the case in all states, landlords must follow all protocols when pursuing an eviction. Otherwise, a defense may be mounted by the tenant.

Tenants should know that civil judgments against them are a matter of public record. This information will become a part of most consumer credit reports. It will reduce credit scores and increase borrowing costs. It can also prevent the tenant from qualifying to rent other properties.

Judgments remain on credit reports for 10 years. If they are unsatisfied (defendant refuses to pay), then it will effectively block the tenant from qualifying for a home mortgage for the next 10 years. Judgments may also be renewed for an additional 10 years, making an eviction a potentially painful chapter in a person’s life. It can literally follow a debtor for decades, making life more difficult and more expensive. Often the increased costs exceed the actual monetary awards to the plaintiff (landlord).

Some state agencies can assist tenants who are having difficulty paying rent. Emergency programs can assist with back rent payments. There may also be transitional assistance available if a tenant requires relocation but cannot afford to make the move themselves. North Carolina rental assistance programs can deliver results to tenants who find themselves unable to afford market rents and security deposits.

Tenants and landlords alike should navigate the eviction process carefully. It is recommended that competent legal advice be obtained prior to engaging in any legal action for which you are not familiar.