How to properly evict a tenant

| Feb 5, 2020 | Landlord/tenant Matters |

Landlords in North Carolina and most other states generally have to follow a process to remove tenants from their properties. Providing an eviction notice is usually the first step in the process of doing so. An eviction could stem from a failure to pay rent, for damaging property or for taking other actions that violate the terms of a valid lease. A tenant could have the opportunity to rectify any issue cited in the eviction notice.

For instance, he or she may be given an opportunity to pay back rent or to otherwise come back into compliance with the lease. However, landlords could be able to respond to lease violations with unconditional quit notices depending on the type and severity of the lease violation. An unconditional quit notice might be issued when a tenant fails to pay rent or seriously damages a rental unit. Tenants may decide that they want to dispute the eviction in court.

They may claim that the eviction notice was served improperly or otherwise did not conform to state law. If a tenant refuses to leave voluntarily, a landlord will need to ask the local sheriff to assist with the eviction. Tenants generally have a right to come back for any belongings that they may have left in a rental property. 

Property owners or managers who want to get rid of a tenant may want to seek the advice of legal counsel before doing so. This might help to ensure that an eviction notice adheres to state law, which may help to speed up the process of removing an individual from a property. An attorney may also be helpful in the event that a tenant chooses to challenge the eviction.