North Carolina landlords and tenants are expected to follow the North Carolina General Statutes. Chapter 42 explains the legal grounds on which landlords can evict tenants from rental properties in the state, including the newly popular Vacation Rentals which we'll break down towards the end. Some common grounds for eviction in North Carolina include not paying rent, staying on the premises after the lease has expired, partaking in illegal activities like drug trafficking, and breaking the rental or lease agreement.
Provide an Eviction Notice to the Tenant:
To legally evict a tenant in North Carolina, landlords must first serve the tenant with an eviction notice. For nonpayment of rent, the landlord must give the tenant a 10-day "notice to quit," also known as a "10-day demand for rent." If the tenant has unduly extended their stay on the property, the landlord must provide a 2-day, 7-day, or 1-month notice, depending on the length of the lease agreement.
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Weekly Lease: 2-day notice
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Month-to-Month Lease: 7-day notice
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Yearly Lease: 1-month notice
File a Summary Ejectment:
After serving the eviction notice, the landlord must file a summary ejectment in the appropriate court. In most cases, this will be a small claims court, but if the lawsuit exceeds $10,000, the eviction papers must be filed in a district court. The landlord must provide the tenant with a summons and complaint listing the date and time of the hearing. In NC this is typically serviced by a county sheriff who will hand it to the tenant or attach it to the front door. This is for the landlord's protection (the one the tenant may be upset with).
At The Hearing:
The landlord will present their case to a magistrate and the tenant may also present their own defenses against the eviction. If the landlord's case is successful, the tenant will be ordered to vacate the property within a certain number of days. If the tenant fails to do so, the landlord may request a writ of possession from the court, allowing them to have the tenant forcibly removed from the property.
This is where a landlord can provide proof of nonpayment of rent, the landlord following up with the tenant for rent owed, and a copy of the lease agreement.
The tenant can fight back with their own proof of allegations being false, eviction is in retaliation to something, the notice was improper, or eviction is based against fair housing rules of sex, religion, age, disability, familial status, or national origin - and more.
The Magistrate's Decision:
After filing a summary ejectment, the hearing at the small claims court will typically take place within two weeks. If the landlord wins the case, the tenant has ten days to appeal the judgment. If the tenant does not appeal, they must vacate the property within that time period. If the tenant does appeal and the judge rules in their favor, the landlord has ten days to file an appeal. If the tenant still hasn't vacated the property after the appeal period, the landlord can file a writ of possession with the help of a sheriff. The writ is typically executed within seven days.
Sherriff Changes the Locks:
After the tenant is removed from the property, it is important for the landlord to change the locks. This prevents the tenant from re-entering the property. It is best for the sheriff to be present during the lock-changing process, which should be done by a professional locksmith. I'm quite the DIYer though and can change out a lock in 120 seconds (self brag) I even have video proof.
Personal Property:
If the tenant leaves behind any personal property, the landlord must serve them with a notice to collect it. If the tenant does not collect the property, it is considered abandoned and may be disposed of.
Eviction Process Timeline in North Carolina:
In total, the eviction process can take a little over a month. It is important for landlords to follow North Carolina's specific eviction laws, or else the process may not be successful. If assistance is needed, a property manager with knowledge of the laws can provide guidance.
Evicting a tenant in North Carolina is a legal process that must be followed carefully to avoid any potential legal issues. Landlords should familiarize themselves with the state's eviction laws and seek legal assistance if necessary.
Vacation Rental Act:
The North Carolina Vacation Rental Act is a state law that applies to vacation rentals in the state. A vacation rental is defined as a residential property that is rented to guests for periods of less than 90 consecutive days.
Security deposits must be returned 45 days after a stay, rather than 30 and the deposit can be used for long-distance phone calls and other services a vacation guest might use.
One of the biggest things I come across in the real world here is that if you sell your vacation property, the buyer must allow the existence of any lease within 180 of the sale date to keep their lease. I’ve sold a mountain property and the buyer had to keep my 3 different AirBnb bookings and take care of them throughout their stay.
Another Important difference is that evictions are much quicker on vacation rentals - there’s a 4-hour notice to vacate.
