Eviction is a process of law using which a landlord in Charlotte, NC can lawfully remove a tenant from his property. Eviction is mostly resorted to in cases of non-payment of rent by a tenant. All rules and regulations related to eviction can be found in Chapter 42 of North Carolina General Statutes. It is a straightforward process using which a landlord can remove a tenant form his property successfully in just 7 days. The thing to remember here is that the landlord must follow the guidelines related to eviction or otherwise he may find himself in trouble with the authorities.
A landlord can initiate eviction process if a tenant violates any of the terms of his lease agreement. Here are the important steps in eviction process in Charlotte, North Carolina.
Give notice of eviction
Serving a notice for eviction is the first step in the process of eviction. This notice mentions the violation of the term of the lease. If it is for non-payment of rent, this notice must give a 10-day demand for rent. If the tenant does not pay his rent in 10 days, the landlord is free to move ahead with eviction proceedings. If the tenant has damaged the property, the landlord does not need to give him a chance to fix the damages.
Landlord need to file summary ejectment in a court of law if the tenant does not pay his due rent in 10 days. It should be filed in either small claims court or the district court. It should contain the reason why it has been filed.
Summons issued by court
After filing summary ejectment, the court issues summons to the landlord. It is also served to the tenant who must be evicted. It informs the tenant that the landlord has initiated eviction process and where and when he must appear on the day of the hearing. Hearing usually takes place 14 days after summons is issued.
Hearing at the court
The next step in eviction process is hearing at the court. The landlord needs to bring all the evidence he has against the tenant to bolster his case. Landlord is given the first opportunity to present his case. Bring copies of notices for rent given to the tenant and the proof of non-payment of rent.
Judgement for possession
If the judge is satisfied with your case and arguments, he may pass the order in your favour. He will give you judgement of possession which will force the tenant to vacate the property within 10 days. The tenant has a right to appeal against this judgement. If he loses the appeal, he has no option but to leave the property.
Once the tenant has left the premises, it is the duty of the landlord to change the locks in the presence of the Sheriff.