Eviction: Quick Facts Overview

In North Carolina the eviction process is called SUMMARY EJECTMENT.
 

• The first step is to notify the tenant that he or she must move out by a specific date.  This is known as the "notice to vacate".  The notice may be oral or written. The number of days' notice required by law depends on the type of lease and reason for terminating the leave.  For non-payment of rent, 10 days' notice is required.

• After the notice period has ended, the landlord may go to court to take out Summary Ejectment papers.  The court papers state why the landlord wants the tenant to move out and when and where the court hearing will be held.

• The court papers must be delivered to the tenant.  This is usually done by the sheriff.  Delivery may be in person or by tacking the papers on the tenant's door.  If delivery is by tacking the papers on the door, and if the tenant does not go to the hearing, the landlord cannot get a judgment against the tenant for rent owed.

• If the only reason for eviction is non-payment of rent, the tenant can stop the eviction by taking the rent owed to the court hearing and offering it during the hearing.  This is known as "tender of rent".

• After the magistrate makes a decision, either the landlord or the tenant may file an appeal.  The appeal must be filed within 10 days after the magistrate's decision.

• If the tenant files an appeal and is very low-income, he or she will probably not have to pay filing fees.  However, there may be a fee for having the sheriff deliver the appeal papers to the landlord, and the tenant must pay rent into the court as it becomes due.

• If the tenant perfects the appeal according to the requirements of the law, but failed to raise a defense in magistrate's court, failed to file a responsive pleading in the district court action, and failed to make any payment when due under the appeal bond, the landlord may file a motion to dismiss the appeal, and the court must grant the motion to dismiss without a hearing, if the defendant does not file and serve a response or make the required payment within ten days.

• If the tenant does not move out by the date specified in the writ of possession, the landlord can have the sheriff padlock the apartment or house.  The sheriff usually tries to give the tenant a couple of days' notice before the padlocking.

• After padlocking, the tenant has 7 days to contact the landlord and arrange to move his or her belongings out.  The landlord has to give the tenant only one chance to get his or her belongings.  If the belongings are still there after the 7-day period, the landlord may dispose of them as he wishes.

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