North Carolina Eviction Laws: Tenant and Landlord Rights
In the state of North Carolina, it is not legal for a landlord to have the locks changed on rental property for any reason. The landlord is also unable to prevent the tenant from entering the rental property unless the property is being repaired and the delay is temporary. If a tenant fails to pay agreed upon rental for rental property in North Carolina the landlord must proceed through proper channels to evict the tenant. The process a landlord must go through in order to evict a tenant is referred to as "Summary Ejectment."
If a landlord wishes to evict a tenant that refuses to leave the rental property, the landlord must visit a Small Claims Court and file a Magistrate's Summons and Complaint in Summary Ejectment. The Sheriff's Office will then serve the tenant with the Summons of Complaint filed by the landlord. This summons must be delivered personally or posted for the tenant on the premises door. The tenant will be able to find the court date, time and place on the Summons of Complaint and must show up for the hearing. During the hearing, the tenant and the landlord may have attorneys present, submit evidence as well as subpoena witnesses.
The tenant may decide to file written counter claims against the landlord and this would take place at the eviction hearing. Actions that may cause claims of these types include:
The landlord's failure to make repairs to the property after the tenant informed him of the needed repairs.
Or
Damages to property or other damages caused by an unlawful eviction.
Regardless of the outcome of the eviction hearing, both the landlord and tenant have ten days in which they can appeal the decision of the magistrate. During this ten day period, the landlord can not forcibly make the tenant move from the property. If the eviction was for non-payment of rental monies, the tenant has these ten days in which to pay due rent to the Clerk of the Superior Court, the tenant can remain living in the rental property. The tenant may also have to pay any past rent that may be in question to the Clerk of Court unless he chooses to file the appeal as indigent or poverty-stricken.
If the eviction hearing was for failure to pay rent and it is within (5) days of the next due rental payment, then a pro-rated payment must also be made by the tenant in order to remain living in the rental property until the next hearing.
If the tenant chooses not to appeal the judgment of the magistrate or losses in the appeal process, the landlord then has the right to evict. The landlord must obtain a Writ of Possession of Real Property by the Clerk of Court. The Writ of Possession gives the Sheriff and the Sheriff only the authority to remove the tenant or the tenant's personal property from the rental property. During the eviction process, there is no time at all when a landlord may remove a tenant or a tenant's belongings from the rental property.
In the state of North Carolina there are certain actions of a tenant that are protected by law and in which a landlord is unable to evict a tenant. These actions include:
Complaints made to the landlord, employees of the landlord or the landlord's agent about repairs that need to be made on the rental property that are the landlord's legal obligations to repair.
Complaints to a government agency by the tenant involving allegations against the landlord for health or safety violations are protected.
North Carolina protects tenants against their right to exercise rights described in the lease in state or in federal law.
Tenants are also protected by North Carolina state law if they choose to join a tenant's rights group.
If a tenant has done any of these four things in the six months prior to the eviction hearing, he should inform the court of the actions taken.
Laws vary from state to state and may change at any time. These are currently the eviction laws in North Carolina.
Published by Breidi Caparatta
I Was born in Henderson NC, and recently married the most wonderful man in the world. We live in Manson, NC on a farm with my 13 year old son. I am an office manager for a small dump truck in Clarksville V... View profile
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13 Comments
Post a Commenti have a tenant with no lease. just month to month.she put down the wrong number of people on the applicationn, and the application stated that the house was only large enough for 4 people. 2 adults, 2 children. when she moved in there were 6 people. 2 adults and 4 children, is that not fraud?
sheand the children are destroying the house. holes in walls , carpet destroyed, como seat torn off. water standing in tub. shades torn out or down in each room, dog pop in each room, doors torn down, and the list goes on and on. what do i have to do to get her , boyfriend, and 4 children out state of NC
I am 68 years old, and in ill health. I have a 22 year old son who has lived with me most all his life. I am now unable to support him on my low income disabilty. In the past year, his father has been paying me a small amt of rent for him. My son does not work! His father recently told me he was not paying anymore rent for him. my son is very verbally abusive, threatening, refuses to help me in any way, inside or out, stays up all night, sleeps all day, then gets
up and controls the comp, and telephone, tv, music, etc. I recently through him out of the house, and he now lives with a couple of friends. His dad immediately started paying the $3oo, a month to his friends. He wants to come back to live with me, but demands that I not interfere with the way he lives! he will keep no rules! and claims i through him out illegally, because I took the money and then through him out without a 30 day eviction notice. we did not have an agreement of any kind. He is demanding that I let him mo
My husband and I are in the process of seperating.He has always been the one to take the rent to our landlord. I give him money toward the rent most Fridays. This past mon. my landlord came pver, LIVID, and informed me we are $3,000.00 behind in the rent, and he'll be returning with a sherrif! I had NO idea we were behind on the rent, but, he doesnt believe me! I have found ATM receipts, even a "secret" bank account of my husbands ALL showing large sums of money withdrawn bi-weekly! Even a loan for $2,500 i didnt know about! Where do I go from here?
How long after the eviction does the tenant have to get out of the property?
I'm renting a shop.My landlord kept a closed room that he stores his stuff in.The only way he can get to it is through my front door.The only time he wants to do this is when I'm not there.Things are always being move around and missing.He's started doing this after I started my business.
Landlord leased a home to a disabled man (blind) with a disabled son, 2, down syndrome in March 2009. LANDLORD failed to mention she has not made a mortgage payment on the home in 10 months. LANDLORD also told tenant that house was financially stable and mortgage up to date. House came under foreclosure proceedings in December 2009. Hearing was postponed due to Holidays. Tenant did not pay December rent knowing the house was coming under foreclosure. FORECLOSURE SALE COMES UP IN APRIL 2010. Landlord now demands December payment in full or she will file eviction papers this week (week of Christmas). OH, LANDLORD has not made a payment on house as to date. What's the tenant to do with 2 months remaining on lease?
People seem to be hostile towards landlords ofcourse i realize there are some crazy,sorry landlords and some crazy sorry tenants but i own some property and have some just plain sorry tenants no excuse for them not to be paying their rent i have done all i can to help these present tenants and others. i have completely renovated my house and i try very hard to keep my property in great shape.time and again when renting out property it just is`nt right.anyhow this world is not right that people do not even try to be responcible.too many BAILOUTS
If property damaging is occuring, then the issue goes to the criminal court. You still have to folow proper procedures, but you can sue for damagages. Best of luck!
ALSO,THIS ALL STARTED WHEN COUPLE SPLIT-UP,
FATHER WAS TOLD ON THANKSGIVING 08 TO TAKE
CHILDREN & "DON'T BRING BCK UNTIL LEGALLY
TOLD TO DO SO/BY LAW ENFORCEMENT AT RENTAL
3 CAR LOADS! MUST YOU WAIT TO EVIT WHEN THE
TENANT IS DAMAGING PROP,INSIDE&OUT?
TENANT HAS PD NO RENT SINCE 11/1/08,WE'VE
HAD NUMEROUS COMPLAINTS FROM NEIGHBORS RE:
LARGE OPEN BONFIRE PARTIES FROM MIDNIGHT-4AM,GAVE TENANT TIME PERIOD TO GET
OUT,ALSO HAD POWER/WATER CUT OFF/TENANT
"BOOTLEGGED" POWER MTR; DAMAGED PROP,(MORE)