Guide to the Eviction Process in North Carolina on NationalEvictions

Posted: Dec 03, 2018
By: NatEvict
Comments: 0

Guide to the Eviction Process in North Carolina on NationalEvictions.com

The eviction process in North Carolina is a relatively straightforward process. Both landlords and tenants are expected to conform to the Chapter 42 of North Carolina General Statutes.

The statutes lay out the procedures landlords must follow when it comes to evicting a tenant. If you fail to adhere to these laws correctly, you might set yourself up for trouble.

Renters in North Carolina can be evicted for a number of reasons. The most common ones include:

Failure to pay rent
Breaching terms of the lease agreement
Refusing to leave the property after the expiry of their lease agreement
Engaging in a criminal act such as drug trafficking

If the tenant has committed any of these lease violations, you may legally remove them from the leased premises.

Eviction Notices in North Carolina

Serving an eviction notice to the tenant is the first step in evicting them. The type of notice to serve the tenant must be relevant to the violation committed. For non-payment of rent, you must give the renter a “10-day Demand for Rent.”

Simply put, this notice allows the tenant a maximum period of ten days to either pay rent due or vacate the NC premises. If the tenant fails to pay rent within this time frame, you can go ahead and file an eviction lawsuit against them.

You can also evict a “holdover” tenant. This is a tenant who stays beyond their term without renewing their lease agreement. The type of notice to serve a holdover tenant is dependent on the term of the lease. If the lease was:

Weekly – serve a 2-day notice
Monthly – serve a 7-day notice
Yearly – serve a 1-month notice

These notices are also referred to as “unconditional notices to quit.” This means that the tenant has no other option but to leave. In other words, there is no option to “cure” the violation. If the renter doesn’t move out within the time specified, you can go ahead with the eviction process. You don’t need to serve them with another notice.

It’s important to note that after the lease term expires and prior to filing a complaint, you must not accept any payment. If you do, the previous term of the tenancy will renew automatically.

Aside from non-payment of rent and a holdover tenant, you can also evict a tenant in NC who violates other lease terms. For example, a tenant who:

Brings in an unauthorized tenant
Keeps a pet when the lease is against it
Repeatedly disturbs neighbors, or
Damages the rental property

Additionally, according to N.C. Gen. Stat. § 42-11, a tenant can be charged with a misdemeanor for intentional or willful damage to the rental unit.

In North Carolina, you aren’t required to give the tenant a chance to remedy the lease violation. You can file an eviction lawsuit against the tenant immediately after knowledge of the violation.

Lastly, landlords can also evict a renter engaging in criminal activities like drug trafficking. Here, North Carolina eviction laws allow for an expedited eviction. Also called “Article 7 eviction,” you may file an expedited eviction against a tenant, a tenant’s household, or a tenant guest or guests engaging in drug trafficking and other criminal activities within the rental property.

Summary Ejectment

After serving the tenant a proper eviction notice and the tenant has refused to move out of the rental property, the next step in North Carolina is to file a Summary Ejectment. Even with solid grounds to evict a tenant, it’s illegal for you to use “self-help” eviction methods.

A self-help eviction is when you retake possession of the property without using the right eviction procedures. Here are a few examples of things that you should never do as a landlord:

Intimidate or harass your tenant
Turn off their utilities
Remove the tenant’s belongings prior to an official eviction
Lock the tenant out of the property

You need to file the Summary Ejectment in the appropriate court. Typically, in North Carolina, it can either be a district court or a small claims court. For a quick settlement of your case, it’s recommended that you choose the latter. That being said, damages sought in a small claims court shouldn’t exceed $10,000. If they do, you should file the Summary Ejectment at the district court instead.

A Summary Ejectment is filed against a renter who has failed to do one of these two things: failed to comply with the requirements of the lease agreement, or has failed to surrender possession of the leased premises after their lease term has expired.

When completing the form, you are required to state the reason for the eviction in NC as well as the remedies you are seeking. Generally, an eviction lawsuit seeks two remedies:

Getting back possession of the rental property, or;
Getting delinquent rent from the tenant

Summons

Once you’ve filed the case and paid the filing fee, the court will issue you a Summons. This will then be served to the tenant by the county sheriff or an official of the court.

A Summons legally informs the renter that action has started. The document tells the tenant when and where the eviction case will be heard.

The North Carolina eviction laws clarify that the sheriff may serve the Summons either in person or by mail within five days of its issuance. The court hearing occurs exactly 14 days after the summons is issued.

The tenant has two options after receiving the Summons. One option is to choose to contest the removal by providing relevant defenses. The other option is simply to vacate the premises.

The Court Hearing

You must be present at the hearing in order to win the eviction. The tenant must show up in order to contest the eviction. You should bring as much evidence as possible to strengthen your case. For example, you should remember to bring:

A copy of the NC lease agreement
Demand notice you sent your tenant for the rent owed
Proof of nonpayment of rent

The renter’s presence isn’t necessary at the eviction hearing if:

The renter is willing to vacate the premises and doesn’t want to oppose the eviction
You are merely seeking possession of the leased premises

At the hearing, the judge will give you an opportunity to present your case first. After you are done presenting your case, your tenant will similarly be offered a chance to state their case. To help win the case, the tenant may bring the following to court:

Written communications, if any
A witness to verify what the tenant is claiming
Receipts for rent to prove payments have been made, and/or
Photos of the premises (to show poor conditions).

Other common tenant defenses in NC include:

You used “self-help” eviction methods.
The rental property doesn’t adhere to North Carolina housing codes.
If, for criminal activity, the tenant had no knowledge of the activity or made reasonable attempts to prevent it.
You discriminated against the renter. That is, you based the eviction on the renter’s national origin, familial status, disability, age, race, sex, or religion.
The notice was improperly served.
The eviction is a retaliatory act.
The breach of the lease violation isn’t substantial enough to warrant an eviction.
Your allegations are false.

Judgment for Possession

If the judgment is in your favor, the judge will award you a “Judgement of Possession.” The “Judgement of Possession” gives possession of the property back to you. The tenant will then have ten days to file an appeal. If the tenant chooses to file an appeal, the court may order them to make payments of the bond to the court.

For whatever reason, is the renter is unable to make the payments on the bond, you can have the appeal quashed. If the renter still loses the appeal, the only remaining option would be to leave the premises immediately.

At this point, you can file a Writ of Possession. A Writ of Possession in NC gives the county sheriff the authority to remove the tenant out of your rental property. After the Writ of Possession is issued by the court, the sheriff would be required to carry out the eviction seven days after it’s issued.

The tenant will have ten days to remove all personal property from the rental unit.

Changing of Locks

It’s important to change the locks after the sheriff removes the renter from your property. The changing of locks must be done by a locksmith. The sheriff must also be present. The fees charged by the locksmith are your responsibility.

Handling personal property

You may find that the tenant has left behind some of their personal property in the rental unit. According to the North Carolina landlord-tenant law, landlords must notify them of their belongings before disposing of them. If the tenant doesn’t respond, you can dispose of the personal items after the time-frame on the notice expires. ( NCGS § 42-25.9 ) and NCGS § 42-36.2)

Don’t hesitate to reach out to NationalEvictions.com for your property Eviction needs in North Carolina. You can also find other States Eviction Process on our Website.

News from our Partners: USLegal – Our Partner offering Forms on NationalEvictions

Posted: Oct 30, 2018
By: NatEvict
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USLegal Newsletter October 2018

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Tags: Eviction Information, Landlord Information

Landlords sometimes get a bad rap

Posted: Oct 24, 2018
By: NatEvict
Comments: 0

Landlords sometimes get a bad rap. In the minds of disgruntled tenants, the landlord is the guy who collects money every month, takes two weeks to fix a leaky faucet and hasn’t painted the front of the building since the Ford administration. But the truth is that being a landlord can be hard and often thankless work. Perhaps that’s why so many landlords now call themselves “residential rental owners” to avoid the stigma associated with the ancient profession.

At one time in history, landlords literally were lords. In the manorial and feudal systems of medieval Europe, all land was owned by a lord who allowed peasants to live on his property in return for labor. In exchange for working the land, peasants received protection against roving bands of marauders and invading armies. Peasant labor was only a small step away from slave labor. Technically, peasants had their freedom, but many lords used all manner of financial and physical intimidation to keep peasants under their power.

oday, landlords are property owners who rent homes, apartments and condominiums as a business. The professional relationship between a modern landlord and his tenants is dictated by strict state and federal laws meant to protect the rights of both the renter and the property owner. Landlords sometimes hire property managers to screen tenants, handle repairs and oversee the day-to-day operation of a rental property.

Reasonable landlords and their representatives treat tenants with respect, charge a fair price, keep their properties up to code and quickly complete repairs. Keep reading to learn how landlords find and screen potential tenants, what’s included in a lease or rental agreement, landlord rights and responsibilities, and what’s involved in an eviction.

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The Process for an Eviction has different steps; Choose a State and find the Eviction Process in that State

One way landlords find tenants is by placing an ad for a rental unit in the local newspaper or on websites designed to help Landlords, You also want to get involved with NationalEvictions.com and learn your rights and find Services to Aid Landlords with Evictions. The ad should include a complete description of the property that details its size, monthly rent, how many bedrooms and bathrooms there are, and which appliances and utilities are included. If the landlord is considering yearlong rather than month-to-month leases, he should make that clear as well.

By listing all of these details in the ad, neither the landlord nor the potential tenant wastes time discussing or walking through a dwelling that’s wrong for the client’s needs. It’s also recommended that the landlord talk to all potential tenants over the phone before meeting at the rental property. This is another way to double-check that the unit is right for the tenant.

At an appointment to show the apartment, the landlord should come prepared with a rental application. The purpose of the rental application is to have written proof that the tenant has the income and financial stability to pay the rent on time and that he has a solid rental history with no evictions, legal problems with landlords or history of missed payments. Here’s some standard information that should be collected on a rental application:

Personal information: Name, address, phone numbers and an e-mail address for all applicants and co-applicants, including how many children and pets will be living in the unit.
Credit check authorization: The applicant’s written permission to check his credit history. To run the credit check in the United States, the landlord will need the applicant’s Social Security number and a copy of his driver’s license.
Income: Recent pay stubs and bank statements to verify the applicant’s monthly income and bank account holdings. A good rule of thumb is that the monthly rent should equal no more than one-third of a tenant’s monthly income.
Employment history: A list of recent employers, including how long the applicant stayed at each job.
Rental history: A list of addresses and landlord contact information for the past two or three years. A prospective landlord will want to know if the applicant has ever been evicted, had his home foreclosed or missed more than three rental payments in a year.
Code of conduct and rent agreement: The applicant should sign a code of conduct — what behavior is and isn’t acceptable on the property. The agreement should also include the rent amount.

Meeting with tenants and collecting applications is all part of the tenant screening process. It’s extremely important that the landlord understand any applicable fair housing laws to avoid any claims of discrimination during the screening process

The basic rule of tenant screening is to establish a clear set of criteria against which all applicants will be judged. For example, each applicant must have a minimum amount of monthly income, a minimum credit score and no prior evictions. It’s a good idea to put that set of criteria in writing and have a lawyer take a look at it. All decisions should be based on sound business logic, like using the same standards to evaluate each prospective tenant, not personal impressions. To avoid discrimination, a landlord shouldn’t make exceptions for one applicant if he wouldn’t make those same exceptions for all of them.

Once the landlord has found the right applicant, it’s time to sign the lease. If the Tenants does not pay make sure you have the Notice to Quit Forms.

Rental agreements and leases are binding legal contracts that establish the specific terms of the arrangement between the landlord and his tenant. The difference between rental agreements and leases is that rental agreements usually cover short-term or month-to-month rentals, while leases cover six-month and yearlong rentals [source: Forms on NationalEvictions.com]. Rental agreements automatically renew after 30 days, and leases need to be renewed when they expire.

In England, there are two different kinds of rental agreements: shorthold tenancies and assured tenancies. The default arrangement is a shorthold tenancy, in which the landlord can automatically regain possession of the property after six months, as long as he gives two months’ written notice. With assured tenancies, landlord can only repossess a property if he can prove to a court that the tenant is behind on rent or violating rental policies

A rental agreement or lease should include the following terms:

names of all occupants
limits on number of occupants
length of tenancy
amount of rent, when it’s due and how to pay it
amount of security deposits and fees
landlord responsibilities
landlord rights
code of conduct
pet regulations
miscellaneous restrictions like parking, use of common areas and laundry facilities [source: AAXON.com]

A rental agreement or lease document protects both landlords and tenants. The terms of the agreement help protect the landlord against irresponsible tenants and protect the tenant against overzealous or illegal landlords.

Landlords and tenants should pay particular attention to the language in the lease regarding the security deposit and how it will be used. A security deposit is money that the tenant lends to the landlord to cover the cost of any future damages or repairs that exceed the definition of normal use, which we’ll learn about shortly. Security deposits are the most common cause of legal disputes between landlords and tenants.

There are several important distinctions here. The money is lent — not paid — to the landlord. Some states require landlords to keep security deposits in a separate bank account like an escrow account . Upon termination of the lease, that money will be paid back to the tenant (with interest, in some states) unless the tenant has damaged the property beyond normal wear and tear.

So what’s normal use? This is something that needs to be clearly explained in the lease. For example, carpets get dirty, paint gets chipped and drains get clogged. Each of these situations is considered normal use. But, for example, if a tenant illegally uses his apartment to run a small bakery, and the constant heat from the oven permanently damages the kitchen tiles and peels away the paint on the ceiling, that’s not normal use. The damages will be deducted from the tenant’s security deposit.

The best way for landlords and tenants to avoid security deposit disputes is to take plenty of photos of the property before the tenant moves in. Both the landlord and tenant should document any existing damage and sign a waiver or disclosure stating that the current tenant will not be responsible for those repairs. In Australia, it’s typical for landlords and tenants to fill out an official Property Condition Report before signing the lease.

Even after the rental agreement or lease is signed, a landlord shouldn’t hand over the keys until the security deposit and first month’s rent checks have cleared. If a landlord allows a tenant to move in immediately, and the checks later bounce, the only recourse may be eviction proceedings.

Tags: Eviction Information, Landlord Information

Finding a Perfect Tenant

Posted: Sep 20, 2018
By: NatEvict
Comments: 0

Finding a Perfect Tenant

We are all looking for that neat and responsible tenant who will respect the property, keep it clean and pay bills in time. And it’s not always easy to judge reliability from a brief meeting and a pile of paperwork. At NationalEvictions.com, we’ve put together a few pointers that will help you find that perfect tenant and highlight the possibilities for a compromise if the search is taking too long.

Start with your property

The condition of your property will ultimately affect what kind of tenants it will attract. You can’t do anything about the location, but keeping the property clean, updated and well-maintained is in your hands. Outdated appliances, dirty walls and untidy bathroom may scare away your potential tenants, especially if the price is high.

Rethink the layout and possibly knock down a few walls to make a bigger bathroom or add a walk-in closet. Provide the top amenities your tenants want, and you’ll have plenty of candidates to choose from. If you don’t want to mess with the renovations, just keep the property clean: a fresh coat of paint, a scented candle and clean sunny windows can make a big difference. Remember, first impressions matter!

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Screen your tenants

As Property Managers Ourselves, we advice you not to let an unscreened tenant move into your rental, no matter how desperate you might be to close the deal. Even if the person was recommended by your friend, take the time to conduct at least minimal screening. Here are some things you might want to check:

Attitude and behavior. Take mental notes when you first meet a potential tenant. Did they make an effort to dress nicely? Are they kind and polite? What kind of car do they drive and is it clean? Of course, you can’t judge people by these characteristics alone, but they should help you paint a bigger picture.

References from previous landlords. Do verify the reference by calling the former landlord, as it’s easy to forge a reference letter or have a relative write it. It’s also a good idea to ask how much the tenant was paying in rent at his former place.

Employment status. Your tenant should be employed, preferably for some time. You can request recent pay stubs and even talk to the employer to get more insights.

Credit history. Request a credit report on your potential tenant. Look for any open collections, late payments, bankruptcy and overall credit score. The report itself might cost you, but it’s better to be safe than sorry.

Criminal and eviction records. Find out if your tenant has had problems with the law in the past or is currently a part of an investigation or a litigation. You probably might want to reject someone who’s been arrested for public disturbance multiple times.

Social life. With social networks playing an important role in many people’s lives, almost everyone has a digital footprint. Search an applicant’s name in the search engines and look over their social profiles and other publicly available information. This will give you a better idea about their personality and lifestyle. Google them, Check other Social Media for the names on the application. Do Your Homework as a Manager!

Besides conducting a thorough background check, also let your potential tenant tell their story. Find out why they are moving, what they do for fun, and see if everything they say matches the reports you’ve obtained.

Learn to compromise

It’s unlikely that you find a tenant that has everything you are looking for. Being picky is good, but don’t bluntly reject applicants based on certain things you uncover during the background check. Remember, every month your property stays unoccupied, you are not just failing to make profit, but possibly losing money as well.

Instead of focusing on separate accounts of “irresponsible behavior” on the part of your potential tenants, look at the bigger picture:

Everyone makes mistakes, and a criminal charge or an unpaid debt from back in the days doesn’t define a person. Focus on the past five years instead of considering someone’s entire history.
When screening couples, look at the combined income if low individual income is the only issue and everything else checks out.
Appreciate the honesty when someone tells you upfront about their bad credit or other issues. This means they understand the consequences of the bad decisions they made in the past and want to mend things.

A bad tenant can be a disaster to your rental property business. If you have multiple properties and consistently struggle to sort through dozens of undesirable applicants to find that perfect one, let us know and we’ll take that burden off of your shoulders.

Learn more about Tenants, Landlords and Property Management and Evictions on our website: https://NationalEvictions.com

Tags: Eviction Information, Landlord Information, Tenant Screening

How to Count the Days in a Notice

Posted: Aug 12, 2018
By: NatEvict
Comments: 0

How to Count the Days in a Notice

We have seen some Notices that were defective Landlords when giving the Tenant a Notice to Quit or Other Notices there are times set for each notice. Find Free Notice to Quit Forms in your State, Tenants can also find Free How to answer an Eviction Form and information.

Counting the number of days in a notice may seem obvious – counting is counting, right? How could you, dear reader, have gotten to this point in life, reading this sentence, without knowing the basics of counting? And yet, in tenant-landlord law, it is not so simple.

Today, we’re going to tackle the Rules.

The Rules Are:

Don’t ever include the day that the notice was served. This is not one of the days you count.
If you are counting the daysin a notice with 10 days or less, you don’t include Saturday or Sunday or holidays.
If you are counting the days in a notice with 11 days or more, you may include Saturdays and Sundays and holidays.
The last day of the notice cannot be a Sundays or a holiday, no matter the length.
“Holidays” here are those that are listed below.
When counting the days in non-renewal notices, the effective date must be the last day in the rental period. (Most rental periods are 1 month, and most rental periods have the rent due on the 1st of the month, which make the last day of the month the end of the rental period.)

What it means:

Counting a 5 day notice:If a landlord is giving a 5-day notice to a tenant, the landlord cannot count the first day it was served, cannot count the weekend, and cannot count any holidays.
- For example: 5-day is served on June 30, 2014. June 30 does not count (it was the day served), July 4 does not count (it is a holiday), July 5&6 do not count (they are Saturday and Sunday). So the soonest it could end would be July 8. The notice would then be served June 30, and the notice could not end sooner than July 8.
Counting a 14 day notice:If the landlord is giving a 14-day notice to a tenant, the landlord cannot count the first day it was served, and cannot count the last day if the last day is a Sunday or holiday.
- For example: 14-day is served November 12, 2014. November 12 does not count (it was the day served). The soonest that the notice could end would be November 26, 2014.
- For example: 14-day is served November 13, 2014. November 13 does not count (it was the day served). The last day would be November 27, 2014, except that it is a holiday (Thanksgiving!). The notice could not end sooner than November 28, 2014.
Counting a 28 day notice:This kind of notice can be given either by the landlord or the tenant. If one party is giving a 28-day non-renewal notice to the other party (for terminating a month-to-month tenancy, say), then the first party cannot count the day that the notice is served, and must allow at least 28 days’ notice before the end of the rental period.
- For example: A month-to-month tenant gives a 28-day non-renewal notice to the landlord on October 9, 2014. Rent is always due on the 1st day of the month, as payment for 1 months’ rent, so the last day of the month is the end of the rental period. Here, October 9 would not count as one of the days (it was the day notice was served). 28 days is complete on November 6, but since that is not the end of a rental period, the soonest effective date would be November 30, 2014.
- For example: A landlord serves a 28 day non-renewal notice to the month-to-month tenant on August 11, 2014. Rent is always due on the 15th day of the month, as payment for 1 months’ rent, so the 14th of the month is the end of the rental period. Here, August 11 would not count as one of the days (it was the day notice was served). 28 days is complete on September 8, but since that is not the end of a rental period, the soonest effective date would be September 14, 2014.

Pro Tips for Landlords:

When is your office open?If you are asking the tenant to take some kind of action (pay your rent! kick out that guy!), and you give them an eviction notice, where they have to take some kind of action by some (thoroughly counted) date, make sure that you are available on that date. If you happen to be closed the entire month of December, then asking them to turn in their rent by the 15th or move out won’t be a great play. How can you know what happened if you weren’t even there?
What if you get an inaccurate date in a non-renewal notice?So, let’s say your tenant gives you a non-renewal notice, and it doesn’t have the correct end date (ie, it doesn’t end at the end of the rental period, or there aren’t 28 days between being served at the end of the tenancy). The notice is still valid. The dates are not. The law is pretty clear about this. What this means for you is that the notice is valid, but the dates are adjusted so that the end date is counted correctly. This is as long as you can hold the tenant responsible for the costs under the lease, but if they wish to break their lease and move out early, then you still have the obligation to mitigate
What if you give an inaccurate date in an eviction notice?Let’s say you give a 5-day notice, and you forget to take out weekends, and it possibly ends on a holiday, so you really need to give more than 5 calendar days. You don’t have to give a whole different notice, but you do need to write a letter stating that the original notice gave an inaccurate date. Give the corrected date in that letter, and you’re all set. If you and your tenant have agreed on a course of action (like a payment plan or a move out date, and it’s all in writing), then you don’t need to clarify your notice, since you have a kind of “mutual agreement.”
Date calculators:Sometimes it’s tricky to count dates. If you do an easy search, there are many date calculators out there. Here’s one. They can help count the dates, but make sure to double check against The Rules, above, to exclude the days that shouldn’t be counted.

Pro Tips for Tenants:

What if your notice is not counted correctly?When there are errors in notices, we recommend that you WRITE THINGS DOWN, for the love of all that is holy to you, letting the landlord know about the error, and explaining the course of action that you plan to take.
- Evictions:If an eviction notice is poorly counted, be careful. If you need that extra time in order to resolve the situation (or for stalling purposes), then write a letter and say when you believe the correct end date for the notice is. Cite the laws, and explain what you hope to have accomplished by that time. Later, this could help you dispute an eviction, if the landlord takes premature action on a notice where the timing is too short.
- Non-renewal: If you get a non-renewal notice, and the dates are not right (ie, it doesn’t end at the end of the rental period, or there aren’t 28 days between being served at the end of the tenancy), then the notice is still valid. The dates are not. The law is pretty clear about this. Figure out when the correct end date is, and write a letter and explain that you’ll treat this as a valid notice, but that the effective date will really be ____.
Date calculators:Sometimes it’s tricky to count dates. If you do an easy search, there are many date calculators out there. Here’s one. They can help count the dates, but make sure to double check against The Rules, above, to exclude the days that shouldn’t be counted.

As with any notice the number of days of a notice to Quit must be followed. If the Landlord does not give the proper time of the said notice, That Landlord can be in violation of a notwithstanding notice to the Tenant. Read your states Laws and Learn how to protect yourself and your home, Apt and Condo in the event of an Eviction.

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We are an Eviction Information Website Serving Landlords and Tenants with Legal, Laws, Eviction Process and Tenant Information for defending Evictions. We cover every State Clients can select the state they live in and find the information in that State.

Tags: Eviction Information, Landlord Information