What is the typical process for evicting a tenant?

The process for evicting a tenant in North Carolina is typically the same regardless of the circumstances. The first step is for the landlord to properly serve the tenant with a Notice to Vacate. This document must be served to the tenant either personally, by certified mail, or by posting it in a conspicuous public place. The notice must clearly state the reasons for the eviction and the amount of time the tenant has to either comply or move out. If the tenant does not comply with the Notice to Vacate, the landlord will need to file an eviction lawsuit. The landlord will need to provide documentation such as a copy of the lease, the Notice to Vacate, and proof of payment. If the landlord is successful, the court will issue a judgment of possession, which will require the tenant to vacate the property within a certain amount of time. If the tenant still refuses to leave, the landlord must hire a sheriff to physically remove the tenant and their possessions from the property. The sheriff then posts a Notice of Eviction on the property and the tenant must evacuate the premises. If they do not, they can be arrested and face criminal charges. If the tenant returns to the property after the eviction, the landlord must obtain a court order from the county sheriff, and the tenant can be arrested if they refuse to comply.

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