Eviction for tenants and landlords

| Dec 30, 2019 | Landlord/tenant Matters |

Although eviction of a tenant from a rented property may appear to be something that can be accomplished in a matter of days, it is actually a process that can take anywhere from a few weeks to several months. How long a person has to vacate in North Carolina depends on several factors, including whether the eviction is with cause.

A eviction without cause is one in which a landlord wants the tenant to move out but the tenant has done nothing wrong. For example, the landlord may want to do renovations. If the tenant has a written lease that is month-to-month, then the lease specified how much notice the landlord is required to give to the tenant. A typical month-to-month lease would require 30 days’ notice. If the tenant has a written lease that is not month-to-month but rather for a fixed term, then it is usually not possible to do an eviction without cause.

An eviction with cause might happen if a tenant does not pay rent on time or violates some part of the rental agreement, such as being too noisy or getting a pet when this is not permitted by the lease or property rules. Depending on the terms of the parties’ lease, the landlord might be required to give the tenant written notice of a lease violation before going through with an eviction. The notice of lease violaiton might allow the tenant to “cure” or fix their violation of the lease to avoid eviction. 

Landlord-tenant law can vary a great deal according to jurisdiction, and tenants or landlords who have questions about their rights might want to consult an attorney. Tenant-landlord disputes do not have to end with evictions and court cases. In some situations, it may be possible to reach an agreement through negotiation with the assistance of an attorney who is familiar with landlord/tenant matters. There are other situations in which tenants and landlords may need legal situations. For example, if no written lease is in place, tenants and landords may want to know their rights.

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