The notice of eviction procedure in North Carolina is covered by Chapter 42 of the general statutes passed by the state legislature. The landlord of a property must comply with the rules in this statute for the eviction to be legal; constructive or retaliatory eviction by a landlord is not permitted under North Carolina law.
The process of eviction can be started for a variety of reasons, such as nonpayment of rent and a hold over of the property by a tenant after a lease expires. A breach of lease can also be used as a reason for eviction; breach of lease includes noise problems, damage and alterations made to the property and the housing of illegal pets.
The process of eviction begins in North Carolina with the landlord informing the tenant of intent to evict. If the eviction is because the tenant hasn't paid rent, the landlord must give 10 days for the tenant to pay before he files for summary eviction. If the tenant has remained in a property after the expiration of a lease, the landlord must give the tenant seven days to vacate if the lease called for monthly rent payments.
The notice of eviction provided by a court in North Carolina is known as a summary ejectment. The landlord must file a summary ejectment and pay the filing fees with the clerk of the county court in which the property is located. Once filed, a copy of the papers and a summons to appear at small-claims court are issued by the county sheriff to be delivered to the tenant; the summons details the date and location of the court proceedings.
Following the eviction proceedings, a tenant has 10 days to appeal against a successful eviction. Following the 10-day appeal period, a tenant who refuses to leave a property will eventually see the property padlocked by the county sheriff and will be given 10 days from the time the property is padlocked to organize the removal of any personal items remaining in the property.
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