Tenant eviction in Charlotte, NC usually occurs because a tenant has stopped paying rent. Make sure you have a consistent process in place, so tenants know what will happen if they do not pay rent on time. The rental due date and any grace period should be written into your lease. If you don’t get your rent payment by a certain day, determine on which day of the month you will begin the eviction proceedings.
10 Day Written Notice
Before you evict a tenant, North Carolina law requires that you provide a 10 Day written notice to your tenant. This is your final demand of payment, and your eviction cannot move forward without it. Your lease, however, can waive this requirement. Make sure you include that waiver in your lease so you can start the eviction right away.
Filing Eviction in Court
File the necessary paperwork with the court and pay the required fees. After you have completed this step, the court will set a trial date. The sheriff will serve your tenant this notice, or post it at the property. You can expect your court date to be in about two weeks. So, if you file the eviction by the middle of the month, you’ll have your hearing before the end of the month. Go to court prepared with documentation such as your lease. Most landlords win the court case when they can easily demonstrate that the tenants have not paid the rent in accordance with their lease agreement.
Tenant Appeal Period
When you win, the tenant will have 10 days to file an appeal with the court. You cannot remove them from the property until this appeal period has passed. After the 10 days pass, file for a Writ of Possession with the sheriff. Then, the sheriff will go to the house with you to remove the tenants and help you change your locks. Depending on the sheriff’s schedule, it could take a few days to make this happen. Go through the property while the sheriff is there and document any possessions that were left behind. You cannot remove those things; the tenants have seven days to remove their personal property. After the seven days, you can dispose of that property.
This process needs to be followed carefully, otherwise a tenant can sue you. It’s always a good idea to consult with an eviction attorney or an experienced property manager. If you have any questions about evictions, contact Alarca Property Management.