What is the process for evicting a tenant from a commercial real estate property?
In North Carolina, evicting a tenant from a commercial real estate property is a legal process. A landlord must first provide a written notice to the tenant that outlines why the eviction is taking place and the amount of time the tenant has to leave the property. The typical timeframe for this is 30 days. If the tenant does not leave within the time specified in the notice, the landlord may file an action in court to legally evict the tenant. Once a court action has been filed, the tenant will be served with a summons and complaint. The summons will inform the tenant of the date, time, and place of the eviction hearing. The tenant is entitled to attend this hearing, where both the landlord and tenant can present their side of the story. After hearing both sides, the court will make a ruling. If the landlord is successful, the court will issue a Writ of Possession, which authorizes the landlord to remove the tenant from the property. The tenant must then leave the property or they can be forcibly removed by law enforcement. Finally, the landlord should keep a record of all paperwork, including the written notice, summons, court proceedings, and Writ of Possession in case the tenant challenges the eviction. This will ensure the landlord can demonstrate to a court that they followed all proper procedures in evicting a tenant from the commercial real estate property.
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