How Long Does It Take to Evict a Tenant in North Carolina?
Pursuant to North Carolina law, a landlord may, following successful judicial proceeding, forcibly evict a tenant seven days after the filing of a writ of possession. North Carolina provides four instances in which a landlord may institute eviction proceedings against a tenant: non-payment of rent, a holdover tenant situation, material breach of the lease agreement by the tenant, or drug trafficking and other criminal activity by the tenant. If one of these specified grounds exist, the landlord must then service the tenant with a notice of the eviction. The notice may give the tenant a time period to cure the violation depending on the ground for eviction. For example, in a non-payment of rent circumstance, the landlord must serve the tenant with a notice of eviction and the tenant has ten days to pay the rent. If the tenant does not comply within ten days, then the landlord may institute eviction proceedings.
After a notice has been served, and any period for cure has lapsed, a landlord may institute a proceeding for eviction by filing a complaint for eviction of the tenant. Once the complaint has been filed and served along with a summons on the tenant, a hearing for eviction will take place. Both parties will have the opportunity to be heard and present their claims and/or any defenses. If the judge determines that the landlord is entitled to eviction, an order will be entered for the eviction. Each party has 10 days to appeal the order following the judge’s decision. After the 10-day period for appeal has lapsed, the landlord may file for a writ of possession. And after seven days after the writ of possession is filed, the landlord may forcibly take the property by changing the locks, accompanied by the county sheriff.
The actual time period for eviction varies depending on the grounds and notice period required for the specific eviction, and the court calendar in the specific judicial district for the scheduling of a hearing. The time period can vary and the process can be lengthy. For any questions or concerns about eviction proceedings, contact the attorneys at Mulligan Epstein today.