Eviction

In most cases, the law requires that the landlord notify you he wants you to move out. Unless there is a written lease which requires written notice, the notice may be either verbal or in writing.  A possible exception is when the tenant breaks the rental agreement in some serious way (called "breach of the lease").

In addition, unless the landlord goes to court and gets an eviction justment again you, the landlord cannot force you to move -- by, for example, shutting off the utilities or changing the locks.

If you get government help with your rent, you have special rights. Contact Legal Aid for help in protecting your rent subsidy. Call 1-866-219-5262, or apply online at www.legalaidnc.org/apply.

After the notice is given, the law requires a waiting period. The number of days depends on (1) the reason for wanting you to move out and (2) the type of lease.

• Non-payment of rent: 10 days
• Month-to-month lease: 7 days
• Year-to-year lease 30 days

The landlord must go to court to evict you. He cannot lock you out or shut off your utilities until he has gone to court and gotten an eviction judgment against you. After the waiting period ends, the landlord may file an eviction case in court. In NC an eviction case is called "Summary Ejectment".

After a court case has been filed, the Sheriff delivers a copy of the Complaint and Summons to you. Delivery may be in person to a responsible adult who lives in your home or by tacking a copy to your door.

If the landlord claims that you owe rent and the court papers are delivered in person, the landlord may get a judgment for the amount of rent in addition to the eviction judgment.

If the court papers are tacked to your door and if you do not attend the eviction hearing, the landlord cannot get a judgment for the amount of rent he claims is due as part of the eviction case.  However, the landlord can still get an eviction judgment against you. The landlord can also file a separate court case for the rent amount.

If the only reason for the eviction is non-payment of rent, you have the right to offer the full amount of rent due, plus court costs and late fees, at the hearing before the Magistrate makes his decision. You must have the full amount in cash when you come to the hearing.

At the court hearing both sides are given a chance to tell their side of the story.  You may have a defense against the eviction (for example, improper notice), or you may have your own claim against the landlord (for example, bad conditions and failure to make repairs). You may file a written Answer and Counterclaim to bring these matters to the court’s attention.  However, this can be complicated and we recommend that you get legal advice.

If the Magistrate decides in favor of the landlord, you have 10 days to appeal to District Court. If you want to appeal, you must follow the appeal steps carefully. You will most likely be required to post a bond and to pay your regular rent each week or month at the courthouse. Use the online interview to prepare the forms and get an estimate of the amount of your bond.  Clicking on the link to the online interview will take you to a separate LawHelpInteractive website.

If you do not appeal, you should try to move out before the 10-day appeal period ends. You are responsible for rent until the keys are returned to the landlord.

If you do not appeal or move out, or if your appeal is incomplete or filed too late, the landlord can get a Writ of Execution from the court clerk. The sheriff must deliver the Writ within 5 days.

The Writ allows the sheriff to remove you from the rental property.

The sheriff does not remove any personal property. You must make arrangements with the landlord to remove your personal property within 5 to 7 days after you have been evicted. The shorter 5-day time period applies when the value of your property is less than $500.

Within the 5 or 7 day period, the landlord must agree to allow you to return to the rental unit at least once during normal business hours. If the landlord refuses to let you get your property within the 5 or 7 days, contact a lawyer.

After the 5 or 7 days have passed, the landlord may dispose of your property however he wishes.

If you paid a security deposit when you moved in, the landlord has 30 days after you move out to return the security deposit to you or to tell you how the deposit was used. You should leave the property clean and empty.

The deposit may be used for

• rent and late fees;
• damage caused by the tenant;
• repairs or cleaning costs for more than reasonable normal use;
• the cost of removal and storage of the tenant’s property;
• unpaid bills that are a lien on the property; and
• administrative and court costs if the landlord sues to evict a tenant.

Pet deposits are generally not refundable.

If the landlord does not follow the law on security deposits, you may sue the landlord in Small Claims Court for the amount of the security deposit.

To find other Legal Aid of North Carolina materials, including any materials mentioned in this document, go to LawhelpNC.org/. If you need legal help please go to legalaidnc.org/.