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Eviction is a strictly defined process

If you are a North Carolina property manager or landlord, you likely prefer to have all of your apartments and homes occupied by tenants. However, when residents breach the lease agreement in some way, you may begin the eviction process. At Triangle Law Group, we have extensive landlord-tenant litigation experience and can help find the most cost-effective solution for the best possible outcome.

According to Dawson Property management, Chapter 42 of North Carolina General Statutes provides the procedures landlords must follow for correctly executed evictions. The most common reason for removing tenants from a property include the following:

  • Breaching lease agreement terms
  • Remaining on-site after the lease expires
  • Failing to pay rent
  • Engaging in criminal activities

A breach of a lease can occur when tenants damage the property, frequently disturb neighbors, sub-lease to another tenant, or keep a pet against the contract terms. Often, failure to pay rent is a breach of a lease. A holdover tenant is one who refuses to leave the rental unit when the lease expires.

In the event one or more of these violations occur, you begin the process by serving an eviction notice. There are several types of notifications, and the specific circumstances dictate the one that is most appropriate, from a 2-day notice to a 30-day notice. Any steps to retake possession of the property beyond those specified by the state statutes are illegal, such as turning off utilities, removing tenant belongings, and changing the locks.

Eviction procedures can take significant time and effort on your part. Documentation of written communications, photos of the premises, and witnesses to various activities can help your case. Visit our webpage for more information on this topic.

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