What is the process of tenant eviction?
In North Carolina, the process of tenant eviction is governed by the state’s landlord-tenant laws. First, the landlord must give the tenant a Notice to Vacate. This is a legally binding document that informs the tenant that he or she must either leave the property or cure any issues that have been preventing them from complying with the lease. If the tenant does not leave or comply with the notice, the landlord can start the eviction process. The next step is filing an Unlawful Detainer Complaint with the court. This document states the landlord’s grounds for eviction and explains why the tenant is being asked to leave. The tenant is then served with the complaint and must respond to it in writing within 20 days. If the tenant does not respond, the landlord is entitled to a writ of possession from the court. This document says that the sheriff will come to the tenant’s property and remove them if they do not move out. In North Carolina, the sheriff also allows the tenant to come back to the property to collect their belongings. If the tenant does respond, the court then schedules a hearing and both the tenant and landlord have the opportunity to present evidence. Ultimately, the court decides who will be evicted and the tenant must leave the property or face further legal action.
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