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What You Need to Know About The Eviction Process

What You Need to Know About The Eviction Process

The eviction moratorium has been extended recently, but when it comes to an end, there will be more eviction cases than ever.

Here’s what you need to know about the process:

Notice

The first step to initiate an eviction is for the landlord to provide a formal eviction notice. There are different timelines for when this notice must be given based on the type of tenancy.

North Carolina law allows eviction for a variety of reasons, including nonpayment of rent, damage to property, and more.

The manner and timing of the notice are crucial in an eviction case. If improper, a landlord runs the risk of losing their case.

Filing for Summary Ejectment

After the notice period has passed, a suit for summary ejectment needs to be filed. Most of the time, these suits are filed in small claims court, but depending on the damages sought, this may involve filing in county or district court.

There are other measures that can be taken to constructively evict the tenant while the suit is pending, but legal counsel should be sought before taking any of these actions.

Hearing

Once the lawsuit papers are served by a sheriff or private server, the hearing will proceed and each party will have their opportunity to make their case in front of the judge. If the tenant does not appear, a default judgment will likely be entered against them.

At the hearing, the judge will render a decision regarding the eviction and potentially award damages.

Appeal

The losing party has 10 days to appeal the judgment. If no party appeals and the judge ruled to evict the tenant, the tenant is required to leave the property within 10 days. If the tenant refuses to leave, the landlord has the option of filing for a Writ of Possession.

Whether you are on the landlord and tenant side of eviction proceedings, we’re here to help you. Call us today to schedule a consultation!

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