Residential rental agreements can be mutually beneficial. The tenants secure a place to live without needing to qualify for a mortgage or commit to a specific property for decades. Landlords can convert a vacant property into a stream of regular income.
So long as everyone fulfills their obligations, the rental relationship can be positive for everyone. Unfortunately, when things go wrong with a rental arrangement, eviction might be necessary. Landlords who want to remove tenants from occupied dwelling units in Raleigh and surrounding areas in North Carolina must file formal paperwork to evict those tenants.
What does the eviction process typically entail?
Gathering proof of qualifying circumstances
For landlords, the eviction process typically begins before they file any paperwork or notify the tenant of their intentions. They must follow legal procedures. They cannot turn off utilities or change the locks. The first step is the collection of evidence. The landlord needs proof that the tenant breached the lease, failed to pay their rent, committed crimes at the property or damaged the unit. Tenants who are a nuisance to their neighbors could also potentially face eviction if their misconduct is egregious and long-lasting. Once landlords have proof of qualifying circumstances, they can then take legal action.
Filing court documents
The formal eviction process begins with legal papers. The landlord submits a formal complaint and requests summary ejectment of the tenant. After submitting paperwork to the courts, the landlord must then provide notice to the tenant of the impending eviction. Both parties can attend a hearing at which a judge reviews the situation to determine if eviction is appropriate.
Only after the final court hearing can the landlord proceed with the actual removal of the tenant. Typically, there is a date by which the tenant must vacate the premises or face forced removal. The landlord can ask law enforcement professionals to assist them with the removal of the tenant from the premises. They can then change the locks or add a padlock to prevent the tenant from returning.
They can also prepare to remove the tenant’s property to begin cleaning and making repairs. Tenants usually have either five or seven days after the landlord restricts access to the unit to remove their items, depending on what those assets are worth. Landlords only need to allow a single visit to collect and remove property.
Understanding what occurs during a North Carolina eviction can be beneficial for both landlords and tenants dealing with a residential lease conflict. Those facing eviction or preparing to initiate one may need help to navigate the civil court proceedings ahead, and that’s okay.
