Eviction Process in Durham, North Carolina

Key Takeaways

• Before pursuing an eviction in Durham, landlords should document the lease agreement violation, review the lease terms, and confirm that the circumstances support moving forward under North Carolina law.
• Proper eviction notice and court procedures matter, so owners should avoid self-help measures such as changing locks or removing a tenant’s belongings.
• A summary ejectment case requires the landlord to present the appropriate evidence and follow the court process rather than attempting to regain possession independently.
• Working with a professional property manager can help owners coordinate the administrative and legal steps involved when an eviction becomes necessary.
• Durham owners should treat eviction as a formal legal process and consider obtaining qualified legal guidance when the circumstances or applicable requirements are unclear.

Being a landlord can be both rewarding and demanding. It can be smooth sailing when you have a great tenant who abides by the terms of the lease agreement, pays rent on time, and respects the rental property.

However, it can become much more challenging when certain issues arise. For example, North Carolina landlords may face major headaches if a tenant fails to pay, violates the lease agreement, or causes excessive damage to the rental property.

Unfortunately, dealing with these situations is sometimes part of property ownership. As such, understanding NC eviction laws and the North Carolina eviction process is essential. While maintaining a respectful landlord-tenant relationship should always be the goal, there are times when legal action becomes necessary.

Many landlords choose to enlist the services of an established local residential management company when beginning to serve notices, including understanding filing procedures such as summary ejectment and issuing a rent demand notice.

When all other efforts have failed, requesting that the tenant vacate the property may be the only option remaining. Durham landlords must comply with state landlord-tenant regulations and follow the legal eviction process established under North Carolina law.

This process often begins with filing a summary ejectment action and may require appearances in district court or small claims court. It also includes paying the required filing fee and attending the scheduled court date.

To learn more about the North Carolina eviction process, NC eviction laws, and the steps involved in pursuing a legal eviction through small claims court or district court, keep reading this article from Mark Thomas Properties PM.

Guide to the North Carolina Eviction Process

Step 1: Have Legal Justification

As per the North Carolina law, a proper rental agreement gives each tenant the right to remaAs provided under North Carolina law, a valid lease or rental agreement gives each tenant the right to remain in the rental unit until the lease term expires unless they commit lease violations or otherwise breach the agreement.

Understanding North Carolina eviction laws is important for both landlords and tenants when disputes arise in the unit until the lease term expires unless they violate the lease.

Some of the most common rental or lease agreement violations by tenants in Durham include:

• If the tenant fails to pay monthly rent, including situations involving unpaid rent, past-due balances, or failure to pay the agreed-upon monthly rent.
• Habitually making late rent payments, even after receiving a written notice from the landlord.
• Failing to adhere to the terms of the lease agreement. For example, keeping an unauthorized pet or subletting the unit without the landlord’s permission.
• Committing illegal activities at the rental property, such as manufacturing or selling illegal drugs.
• Causing excessive damage to the rental unit beyond normal wear and tear.

A landlord must not remove a tenant simply because the relationship has deteriorated. Both landlords and tenants must comply with North Carolina law, the lease agreement, and all applicable North Carolina eviction laws.

Additionally, if a landlord fails to follow the proper legal procedures, obtaining an eviction order may become difficult. For example, a landlord cannot remove a tenant’s personal belongings from the rental unit or engage in retaliatory eviction practices.

If an eviction case proceeds, the landlord may be required to present evidence at a small claims court hearing to demonstrate that the tenant violated the lease agreement or failed to pay rent as required.

Step 2: Notify the Tenant of the Violation.

An awareness of North Carolina's landlord-tenant law is key to understanding how to proceed with the notice requirements in an eviction situation. Knowing how an eviction notice period must be issued and followed is essential for compliance with state rules.

Once a landlord has a legitimate reason to evict the tenant from the rental premises, the next step is to serve them with an eviction notice. In the written notice, the landlord must state two important things:

The first is the reason for the eviction; the second is the time the tenant has to correct the violation (if applicable) or vacate the property; otherwise, the tenant fails to comply, and the landlord may proceed with filing in court.

There are different types of eviction notices available to North Carolina landlords, depending on the lease violation committed at the rental property.

In addition, landlords should be aware that filing an eviction case typically requires payment of a court filing fee, which varies depending on the county and type of case.

• Eviction for nonpayment of rent: A landlord must serve the tenant with a 10-day Pay or Quit Notice for failure to pay rent. The notice informs the tenant that they have 10 days to make the required payments or move out. If the tenant fails to pay rent or vacate the property, the landlord may proceed to court for further action related to unpaid rent.
• Eviction for violation of the lease agreement: As a landlord, you may also evict tenants who fail to uphold their responsibilities under the lease terms. Common lease violations include keeping an unauthorized pet or exceeding occupancy limits.

For these lease violations, the law does not always require a written notice before filing, depending on the circumstances under North Carolina eviction laws. In some cases, the landlord may proceed to court immediately after proper documentation.

Eviction Process in North Carolina for Holdover Tenants
A holdover tenant continues to stay in the rental property after the lease has expired. The type of notice required depends on the lease term.

For a weekly rental agreement, landlords must serve a 2-day Notice to Quit. For a monthly agreement, a 7-day Notice to Quit is required. For a yearly lease, a 30-day Notice to Quit applies.

If the tenant does not vacate after the notice period, the landlord may proceed with filing in court, and the case will move forward through the North Carolina eviction timeline, often involving a court hearing and legal review.

Eviction Process for Illegal Activities
As a landlord, you are not required to serve a traditional eviction notice if a tenant is found engaging in certain illegal activities. These actions may immediately justify filing in court, depending on the severity and evidence.

Illegal activities may include conduct that affects the safety, health, or peaceful enjoyment of the property, as well as the manufacturing, possession, or use of controlled substances. In such cases, the landlord may seek recovery of personal property only through proper legal procedures after court authorization.

Step 3: File the Complaint in an Appropriate Court

The next step in the eviction proceedings is when the landlord moves forward with the court process and files a complaint. When the tenant files or the landlord initiates the case, there is typically an eviction notice already served prior to filing. At this stage, the landlord must pay a filing fee, and there will also be additional court costs, which usually total about $100 depending on the county and case type.

If rent payments remain unpaid and the tenant continues to owe future rent, the landlord may include those amounts in the claim where allowed by law.

After the landlord files an eviction lawsuit or complaint with the court, the summons is then served on the tenant by a process server, typically the sheriff. This occurs within approximately 5 days after the complaint is filed.

Step 4: Attend the Court Hearing

If you, the landlord, file the complaint in a small claims court or district court, the eviction hearing could happen in as few as 7 days once the tenant is served with the summons.

However, the same could take longer if you do the filing in a district court. Generally, an expedited court hearing may be held within 30 days.

If the tenant doesn't show up to small claims court for the hearing of their eviction case, the court will probably issue a default judgment in your favor maybe covering unpaid rent and court costs. However, if the tenant does appear, the court will first listen to both parties prior to deciding. If the tenant refuses to leave after a ruling in your favour, contact the sheriff's office to remove them.

Tenant defenses to the eviction case include the following, wherein the district court judge may rule in their favour:

• The landlord used “self-help” eviction procedures such as removing a tenant's personal property: As an NC landlord, you must use the proper judicial process to evict a tenant from your rental property. (N.C. Gen. Stat. § 42-25.6.).
• You cannot attempt to remove the tenant in any other way, regardless of the violation committed. Examples of illegal eviction procedures include changing the locks and shutting off utilities.
• The landlord failed to follow all the necessary procedures: Even in the judicial eviction process, you must ensure you follow all procedures meticulously. One common blunder is failing to serve tenants with proper notice.
• A mistake in the eviction process will mean a longer time to evict the tenant.
• An eviction is a retaliatory act against the tenant: Tenants have a right to live in a habitable rental property. And they have a right to complain when the unit fails to meet habitable standards.
• If you try to evict a tenant for complaining about the unit’s indecent conditions, that would be a retaliatory act, such as removing a tenant's personal property.
• The eviction is discriminatory: You cannot try to evict a tenant based on protected characteristics. Protected characteristics include sex, religion, color, race, familial status, national origin, and disability.

Step 5: Get Possession of the Property Back

If the court rules in your favor, you’ll be issued a writ of restitution. This is a legal document that gives the tenant the final notice to leave. The court normally issues it 10 days after a successful ruling and judgment. If a tenant ignores this, then you can apply for a writ of possession that will allow a county sheriff to remove the tenant or hold an eviction hearing.

No landlord in Durham, North Carolina, wishes to evict a tenant. But as a landlord, issuing a writ of possession may be inevitable. Having the knowledge of how a writ of possession works will help you navigate it smoothly. If you're looking for more assistance, get in touch with a trusted property company like Mark Thomas Properties PM today.

Frequently Asked Questions About The Eviction Process In Durham, North Carolina

Can A Durham Landlord Evict A Tenant Without Going To Court?

North Carolina generally requires landlords to use the judicial eviction process rather than removing a tenant themselves. The North Carolina Judicial Branch identifies eviction as a court case called summary ejectment and states that landlords cannot force tenants out by changing locks, shutting off utilities, or removing doors.

What Evidence Should A Landlord Keep Before Filing An Eviction?

Landlords should maintain organized records that support the reason for the proposed eviction and demonstrate compliance with the lease and applicable requirements.

Depending on the circumstances, useful documentation may include the signed lease, payment records, written communications, notices, inspection records, photographs, repair documentation, and other records relating to an alleged lease violation.

What Is Summary Ejectment In North Carolina?

Summary ejectment is the term North Carolina uses for its court-based eviction process. A landlord initiates the case by filing a Complaint in Summary Ejectment with the clerk of court, after which the matter proceeds through the court system.

How Can A Property Manager Help With An Eviction In Durham?

A property manager can take on many of the operational responsibilities that arise when an eviction becomes necessary. Our Durham management services include assistance with the eviction process and handling the legal eviction process on behalf of owners.

Does An Eviction Case Affect A Landlord’s Rental Investment?

An eviction can create costs and administrative work beyond the court case itself, particularly when rent remains unpaid or the property cannot immediately be prepared for a new tenancy. Owners may also need to account for property condition, repairs, cleaning, marketing, and other turnover expenses after possession is recovered.

Disclaimer: Please note that the information provided in this blog is intended for general guidance and should not be considered as a replacement for professional legal advice. It is important to be aware that laws pertaining to property management may change, rendering this information outdated by the time you read it.