While having a tenant may seem an advantage financially, at the same time, it can be a significant pain-in-the-butt, when it comes to evicting them from your own house. Most of the times, some tenants turn out to be so stubborn that they don’t even consider leaving the place. Just because they were paying the rent, they simply assume that they own it as well. So, whether you have had such an experience earlier or it is your first time with a dogged and tenacious tenant in North Carolina, here are some strategies and tips that will help you remove them instantly. Some house-owners want to sell home in Charlotte NC immediately. Hence, they wish to evict the tenant as soon as possible.
What is Tenant Eviction Process?
Tenant eviction is such a process that enables an owner to remove a tenant from the leased premise by adhering to the laws and notions. The process and reasons for removing a tenant may vary from place to place. However, when it comes to North Carolina, there are several reasons that would compel an owner to eradicate a tenant from the place, such as:
- Criminal activities conducted by the tenant
- Non-payment of rent
- Rupturing of the terms by the tenant as mentioned in the rental agreement
- Tenant still living on the premises without the permission or after the agreement expiry or termination
Being a landlord, however, there are certain things that you must keep in mind. To begin with, in no circumstances should you disrupt the landlord-tenant law of North Carolina. Even if you think that you are correct at your place, the tenant can defend the eviction based on several factors.
Remember, if you are going off-track, like switching off the utilities and harassing the tenant, then the table may even turn against you.
Therefore, it is important to be a bit cautious while evacuating the property, even if the land belongs to you. Because obviously, you wouldn’t want things to go wrong, isn’t it?
How to Terminate a Tenancy in Charlotte, NC?
Nonpayment of Rent
If nonpayment of the rent is the issue in your case and you want to evict your tenant on that ground, then you must provide a notice for eviction ten days prior to starting the legal process. The primary reason behind handing over this notice is to demand rent from the tenant; therefore, it is informally known as a notice to either pay or quit. So, if your tenant fails to pay the rent within ten days, then you get all the rights to file for eviction papers on the eleventh day.
Usually, there is a lease term signed by your tenant and you, as a landlord. Of course, you would be wary of it. This lease term is generally of the specific period. In case, you do not wish to renew this lease term after its expiry, then nobody has the right to change your decision. Furthermore, even after the expiration of the lease term, your tenant is still residing in the house, then he would be termed as a holdover tenant.
Depending on the lease term, you, as a homeowner, become liable to provide termination notices, such as:
- For week-to-week lease, two-day notice should be given
- For month-to-month lease, seven-day notice should be given
- For year-to-year lease, one-month notice should be given
If the expiry date of the lease is coming nearer, then you can hand over any of the aforementioned notices accordingly and warn the tenant for the deadline within which you would want the premises to be vacated. Still, if your tenant doesn’t budge, then you can commence the eviction process without providing any other notice.
Also, it is important to note that you must not take any sort of reimbursement after the lease term expiration and before filing any complaint.
If your tenant is violating an obvious condition mentioned in the lease, then you have a right legally to eradicate that tenant. This may include, rental property damage, disturbing neighbors, going against the policies mentioned in the lease, etc. Also, if the tenant is intentionally destructing your premises, then you can file a complaint under misdemeanor as a law of North Carolina.
Drug Trafficking & Other Criminal Activity
Drug trafficking or any sort of criminal activity can be dangerous to you in several aspects. So, if your tenant is indulged in these things, then you can provide an eviction notice before filing a complaint against them.
How to File & Serve Eviction Papers In North Carolina?
You can seek help from either the district court or the small claims court to file eviction papers. If the damage done to your property is not more than $10,000, then you can file the complaint in the small claims court, otherwise, for more than $10,000, you must knock the doors of the district court of North Carolina. This will begin your proceedings of the court. Make sure that you are filing the papers in the country where your rental property is situated.
Once you have successfully filed the case, then a complaint copies and a summon will be provided to the county sheriff by the court. And then, the county sheriff will hand over the documents to your tenant.
What’s the content of summons?
A summons is nothing but such a legal document that is prepared for the tenant to notify him regarding the action that the homeowner has taken against him. The summon comprises of a particular date, time, and the place where the tenant should show up to give his answers to the complaint.
What’s the content of complaint?
The complaint is another legal document that contains the reason behind the legal action taken by one person against the other. A typical form with a title “complaint in summary ejectment”, can be taken from a clerk. When you will be filling this form, then you must write down the names of all the tenants mentioned in the lease agreement. If not done so, it may end up in an extended process of eviction.
Eviction Hearing Process in NC at a glance?
The hearing is an important aspect of the eviction process where both the parties get an opportunity to put forth their problems. At the time of the hearing, you, as the landlord, will get the first chance to speak in front of the magistrate or the judge.
Most of the times, landlords end up losing the hearings because of the absence of documents, hence, you must carry the following documents along:
- Rental or lease agreement
- Notice that was sent to the tenant
After that, the tenant will get the chance to speak up. The tenant may put up his defense and take the help of evidence, if any, to support his case. The tenant would have the permission to bring:
- Premises photos
- Receipt of rent
- Text communication
Once you and your tenant have finished speaking, the judge then deliberates on the evidence. If the judge gives the judgment in your honor, then your tenant will get the time of ten days to put another petition for the decision. If not the appeal, then the tenant would have to leave the premises.
Once you have won the appeal, then you will have to file a “writ of possession” after ten days of the appeal, which will help you forcibly exterminate the tenant from your location.
Self-Eviction is Unlawful
As a landlord, one thing that you must be cautious of is that in North Carolina, you must take help from the court to expel a stubborn tenant. Upon ignoring the law, you will become liable for the damaged done to the tenant.
Ignore self-eviction as much as you can. The entire process of self-eviction is illegal, which may include threatening, denying the access, removing the personal belongings of the tenant, and more. Anything done on your own will turn back as a problem to you only. So, don’t forget to take help from the law.