NC Eviction Procedures

[Levi Bennett]

Is there a specific procedure that is generally used for evictions in NC? If so where can I find that written out? 

Also.. was told by an attorney that if the amount is under $10,000, you can file a summery ejectment form in small claims. Has anyone had experience with this? 

I'm trying get down a system that is reliable in NC, so I can train future hires and not have to worry that they're trying to shotgun it. 

[Jiri B.]

NC is actually very landlord friendly in my opinion. 

It will also depend on the reason you are evicting the tenant. Contract breach, hold over etc.. Assuming you are asking about tenants who fails the pay the rent.

Depending on your lease agreement, using the typical NCAR form the rent is due on the 1st. There is a 5 day free period to receive the rent. So if you know the tenant is not going to pay the rent, you should start the process on the 5th. 

You need to give the tenant a written notice to pay the rent or to leave the property. This is typically a 10 days notice.

If the tenant still does not pay and does not surrender the property, then on the 15th, you just go to the county court and file an summary ejectment (eviction notice)

The court will then send notice to the tenant to go to the court. This is usually within a week.

Then based on the court outcome, the tenant will need to leave the property. If they dont, the police will show up and help them move out.

In no case, you cannot force the tenant out on your own. You cannot shut utilities, change the locks etc. You need to do it all legally and correctly and you will get the tenant out within 3-4 weeks so if you have security deposit, assuming the tenant don't trash your place, you should be able to recover any losses.

From my experience, you will rarely get any payments back from the tenant. Even if you go to the small court and file a claim, the tenant will just not pay.. And getting a judgment to get the payment from their paycheck is extremely difficult. You pretty much just have to write off the loss and next time screen your tenants better :)