How Long Does An Eviction Process Take In North Carolina?

Regardless of whether you’re a veteran landlord or a newbie investor aspiring to be a real estate mogul one day, understanding North Carolina’s eviction process should be in your arsenal. This is because evictions are tightly controlled by state law and involve very strict notice requirements, court procedures, and a timeline that must be followed to the dot. A single mistake can cause delay, increase costs, or force you back to square one.

For many property owners, eviction is something you hope to never experience. It can be stressful, time consuming, and costly quickly turning what should be a reliable investment into a major headache. That’s why careful tenant screening and a healthy knowledge of your legal responsibilities from the get-go is so important. 

The eviction process can become tricky, so consulting with a legal professional is advised. That said, you should never walk into a situation without a basic understanding of the process, and this article will help you get up to speed. 

When Can You Evict A Tenant in North Carolina?

Before diving in, it helps to understand what eviction is. Eviction is a legal process that allows a landlord to regain possession of their property. For some landlords, however, dealing with repeated tenant problems becomes overwhelming, which is why some property owners eventually decide to sell their rental property instead, especially when they learn that we buy houses in Raleigh and can purchase homes directly without requiring repairs or lengthy listing processes.

In North Carolina, a landlord cannot remove a tenant without a legally valid reason. Evictions cannot be based on discrimination or other unlawful motives, as the Fair Housing Act protects tenants from being treated unfairly. There are only four lawful reasons a landlord may pursue an eviction: 

1. Failed To Pay Rent

Even being delayed for only a month counts as failure to pay rent. It might be harsh, but that’s the law, and the law stands behind you if you evict tenants for it. However, don’t go thinking that you can evict someone immediately the next day after failing to pay. In North Carolina, landlords are required to give a 10-day notice to pay or quit before filing for eviction. So even if a tenant doesn’t pay on time, you’re legally obligated to provide ten full days, excluding weekends and legal holidays, to either pay the past-due rent in full or move out voluntarily. 

If the tenant pays the owed amount within the notice period, then you cannot pursue an eviction since there’s no longer a reason for one.  However, if no payment is made and the tenant remains in the unit after the notice expires, you can go ahead and file an eviction case in court.  

2. Violating the Lease Agreement  

A dog is a man’s best friend but it’s not always a landlord’s. Some landlords restrict pet ownership and when tenants still sneak them in, this gives landlords the grounds to pursue an eviction, no matter how cute the dog is. 

Other common lease violations are extensive damage to the property and having unauthorized people live in the unit. Any lease violation must be supported by clear evidence to hold up in court so avoid issuing notices based on suspicion alone. 

Unlike nonpayment of rent, there isn’t any specified notice period you’re required to give before filing for eviction. That said, many landlords choose to provide a written notice as a practical step, giving the tenant the opportunity to correct the issue or move out voluntarily.

This is a good option for both parties as it saves time and expense by solving the issue outside of court. However, if the tenant is uncooperative to the violation is serious, moving forward with the eviction process may be the most effective option. 

3. Holdover Tenant ( End of Lease Agreement ) 

Having a holdover tenant just may be every landlord’s worst nightmare, that’s why you should take proactive steps to prevent it from being a reality. When the lease is approaching its end, provide the tenant with a written notice reminding them of the upcoming termination date and the exact day they should vacate the property. This clears up the possibility of misunderstanding or just pure forgetfulness on the tenant’s side. 

The length of notice you’re required to give depends on two factors: the type and length of the tenancy. In North Carolina, the required notice periods for periodic leases are: 

• Weekly leases require at least 2 days’ notice before the lease ends 
• Monthly leases require at least 3 days’ notice before the lease ends
• Yearly leases require at least 1 month’s notice before the lease ends 

Should the tenant refuse to leave the property after the lease has ended, you can now pursue an eviction without having to provide any additional notice. 

Take note: You should be cautious not to accept rent or any payment from a tenant. Accepting payment may be interpreted as renewing or extending the tenancy, which can weaken or delay an eviction case in court.

4. Illegal or Criminal Activity 

The final legal ground for eviction is illegal or criminal activity. Of course, you won’t be forced to tolerate illegal or criminal activity occurring on your property. Common examples of criminal activity include making or selling illegal drugs on the premises or acting in a violent manner. 

No notice period is required when you discover that a tenant engaged in an activity that threatens your safety and that of others. You can immediately proceed with filing for an eviction. However, take extra caution when filing an eviction for illegal activity by making sure you have credible evidence to present in court, as unsupported accusations will not only weaken your case but can lead to legal blowback.

Why You Should Never Evict A Tenant Yourself

When landlords attempt to remove a tenant on their own or take actions meant to force them out, it’s called a self-help eviction, which is illegal in North Carolina. And yes, even if you can prove that the tenant is engaging in criminal activity. By pursuing self-help measures, you’re both likely to be charged criminally.

Prohibited self-help measures include:

• Changing the locks before a court order is issued
• Shutting off utilities to make the unit unlivable
• Removing or disposing of the tenant’s personal belongings. 

All evictions must go through the court system. If the court rules in your favor, the sheriff is the only party authorized to remove the tenant from the property. Even if it gets frustrating, your role as the landlord is limited to filing the eviction case and presenting your evidence in court. 

Engaging in any form of self-help eviction can expose you to put you in legal hot water, including lawsuits, fines, and delays that may ultimately harm your eviction case. Following the proper legal process is the only way to protect yourself and your property. 

How Long Does an Eviction Process Take in North Carolina?

In North Carolina, the average eviction process takes about 1 to 3 months. This timeline includes the initial notice to quit and ends with the sheriff carrying out the eviction. It can take a few months because the length really depends on the complexity of the case. Some cases are easy and straightforward while others go on longer due to any pushback from tenants or court delays. If you want to learn more about common concerns homeowners have when dealing with property issues, you can check out other frequent questions.

That said, to minimize delays, make sure to do everything by the book: follow the proper legal steps, keep accurate documentation, and respect the required notice period. If you want to be sure and avoid setbacks, working with an experienced legal professional could be the way to go.

General Timeline Overview 

While every case is different, here is a simplified breakdown of what you should expect: 

• 10-Day Notice to Pay or Quit: For eviction due to missed rent, you’d have to add the 10-day notice period you’re required to give to the calculation. 
• Court Filing and Hearing (about 7-30 Days): After giving notice, you can now file a summary ejection action in a small claims court. It can take anywhere from 7 to 30 days to schedule a hearing, so just expect the latter to give you peace of mind. 
• 10-Day Appeal Period: If you win the suit, the tenant will have two options: appeal the ruling or waive the right to appeal. If they choose to appeal, an additional 10 days will be added to your timeline.  
• Writ of Possession and Sheriff Removal (about 5-7 Days): If your tenant forgoes the appeal, the court will issue a writ of possession, and within 5-7 days, the sheriff will schedule and carry out the actual eviction. Remember, only the sheriff is authorized to remove the tenant. 

The Eviction Process in North Carolina

Step 1. Serve the Proper Notice 

When you do your regular inspection and you find that your tenant has committed one of the violations we listed above, your first step should be to draft a notice depending on the grounds for eviction. For nonpayment of rent, you’re required to give a 10-day notice to pay or quit before filing in court. Even if other lease violations do not require a waiting period, providing written notice is still recommended. This gives the tenant a chance to fix the issue or move out of their own accord, potentially avoiding court altogether. 

Step 2. File for Summary Ejectment

After you give proper notice to the tenant and they still fail to fix the issue outlined in it, you could start filing for an eviction, or summary ejectment, in legalese. Standard eviction cases are filed in the small claims court, where you will need to complete the required paperwork and pay the filing fee. Double-check all your paperwork before filing since accuracy is important at this stage to avoid delays. 

Step 3. Service of the Summons

After you file the eviction complaint, the court issues a summons to notify the tenant of the lawsuit and the hearing date. The sheriff is responsible for serving the tenant with these documents, usually within a few days of issuance. You’re not allowed to serve the papers yourself. Once service is complete, proof is filed with the court. The tenant then has the opportunity to attend the hearing and present a defense if they choose to do so.

Step 4. Court Hearing and Judgement

During the scheduled hearing, you would present your case in court, and if your tenant decides to appear, they would as well. In that case it’s all the more important that you go to court with copies of the lease agreement, payment records, notices served, and other supporting documents. Afterwards, the judge will review the evidence and issue a decision. 

If you follow the procedure and present your case honestly, then the judge will most likely rule in your favor. When that happens, the court will grant judgment of possession, essentially giving you back your property. On the other hand, if the tenant wins, they could remain in the property. 

Step 5. Tenant’s Appeal 

Let’s assume you won the case, and now the tenant has 10 days to file an appeal. If they appeal, the whole process will grind to a halt until the appeal is resolved. 

During the appeal review, the tenant can stay in the property as long as they pay rent to the court or post a bond to maintain their right to stay. However, If the tenant doesn’t file an appeal within the 10-day window, you can immediately request a writ of possession to continue the eviction process. 

Step 6. Writ of Possession

Even with your legal triumph in hand, it doesn’t mean that the tenant will automatically leave. You need the sheriff to actually evict the tenant, and this requires a Writ of Possession from the court (as this isn’t automatically given). Without this document, the sheriff does not have the authority to remove the tenant. 

Step 7. Sheriff Enforcement 

Finally, once they’ve issued the Writ of Possession, you should contact the local sheriff to post a final notice on the property, giving the tenant a couple of days to leave voluntarily. If the tenant plays hardball and doesn’t move out within the time frame, the sheriff will return to carry out the physical eviction. This completes the eviction process.

Post-Eviction Responsibilities for Landlords 

1. How To Handle Tenant Belongings 

You’ve successfully evicted your tenant but now you’re left with all of their belongings. What should you do? Let’s start with what you should NOT do, which is throw them out. Doing so is illegal in North Carolina, and instead, landlords are required to provide a grace period before disposing of the tenants’ property:

• 5 days for times valued at $500 or less
• 7 days for items valued at more than $500

This period gives the evicted tenant time to pack and retrieve their property. On the 8th day when the grace period expires, you can freely dispose of their property and prepare the apartment for the next tenant. 

Pro tip: Always document the process to protect yourself in case of disputes. 

2. Security Deposits

Even after an eviction, you’re still responsible for returning the tenant’s security deposit. Here in North Carolina, you have 30 days from the end of the tenancy or the date of eviction to return the deposit. The process is similar to any other return of deposit, where you still have the right to make deductions for unpaid rent, extensive damage, or other lease violations. Just be sure that your deduction is valid and legal by providing an itemized list with proof to avoid legal challenges.

3. Change Locks and Secure the Property 

While not always legally required, changing security locks on the property after an eviction is a recommended safety measure. Imagine if your future tenant finds out that criminal activity or a safety concern occurred in the property, they’d be hesitant to rent. By taking this necessary precaution of changing locks, garage codes, gate access, or security system passwords, it protects the property and assures future tenants. 

However, timing is critical: don’t make the mistake of doing this too early. You must wait until the sheriff has officially carried out the eviction and restored possession of the property to you. Changing the locks before the sheriff completes the eviction is considered an illegal “self-help” action in North Carolina and can lead to legal consequences. 

Tips to Avoid Eviction for Landlords

1. Screen Tenants Carefully 

Avoiding eviction starts with choosing the right tenant. You should conduct thorough tenant screening, including criminal background checks where legally permitted, credit history reviews, verification of income and rental history checks. You could even ask for references from previous landlords. Other landlords don’t want to go through the hassle and just hire a management company to handle tenant screening themselves. While this comes at a cost, you’ll be sure to score a reliable, unproblematic tenant who always pays their rent on time. 

2. Use a Clear, Detailed Lease Agreement

Don’t just use any generic lease agreement you find without editing it to fit your needs. Make sure your lease agreement is clear and leaves no room for confusion. Highlight important information like rent amount and due dates, late fees, pet policies, maintenance responsibility, and rules regarding property use. Important clauses should be easy to find and understand, and vague phrasing must be avoided at all costs.

3. Inspect the Property Regularly

Checking in and performing regular property inspections can help you catch issues early. Of course don’t overdo it and become a terror landlord. An annual or semi-annual inspection will do. These inspections should be reasonable and part of the contract as required by law. 

4. Keep Communication Lines Open

Maintain open and respectful communication with your tenants to prevent small problems from devolving into uncontrollable issues. Taking the first step and messaging your tenant if everything is fine would do wonders not only for your relationship, but also to ensure the security of your property. You want to have respect for each other because when tenants feel supported and know the property is being looked after, they are more likely to follow lease terms and report problems early. 

Final Thoughts

Eviction is often one of the most difficult parts of being a landlord. Obviously, no one starts out wanting to evict a tenant but when you’re forced into it, understanding how eviction works in North Carolina and handling it the right way can reduce risk and protect your investment. 

Tired of being a landlord?

Sometimes moving on is the best choice, especially if the property is no longer serving your needs. Some rentals can become more trouble than they’re worth, taking up time, energy, and resources that could be better spent elsewhere. 

If that’s the case, Cardinal Home Buyers provides a reliable, straightforward home-selling solution in North Carolina. We buy properties as-is for cash, allowing homeowners to bypass the months it often takes for a traditional sale. There’s no need for costly repairs, staging, or multiple shows, and we even cover the closing costs. You can learn more about how our process works and how quickly you can sell your property.

Simply call us at (919) 609-5173 or fill out the short form below to tell us about your poetry. We’ll provide a competitive, fair cash offer directly to your email, giving you a fast and stress-free way to sell.