North Carolina Eviction Laws - 2024 Eviction Process

North Carolina stands out as home to the top evicting city in the country: North Charleston, with an eviction rate of 16.5%.

But it’s not just Charleston—across the state, an affordable housing shortage and rising costs are making it difficult for families to pay rent on time, meaning more landlords and rental property managers must navigate the North Carolina eviction process.

However, North Carolina law strongly favors landlords, and with a solid understanding of how the legal eviction process works, you can painlessly regain control of your rental property.

Here’s what you need to know about North Carolina eviction laws.

What Are The Eviction Laws In North Carolina?

In North Carolina, landlords have to follow certain procedures and laws when it comes to evicting a tenant. Failing to comply with these laws can result in hefty fines or other serious penalties.

North Carolina eviction laws forbid landlords from doing any of the following:

• Self-Help Evictions: A “self-help eviction” refers to when a landlord attempts to forcefully remove a tenant without going through the court process. This includes changing locks, shutting off utilities, or removing the tenant's belongings.
• Retaliatory Evictions: North Carolina law protects tenants from being evicted as retaliation for certain types of actions, such as reporting health and safety law violations or joining a tenant’s rights organization. If a landlord tries to evict within 12 months of one of these actions without cause, they may be in violation of North Carolina's laws.
• Discriminatory Evictions: Federal Fair Housing Laws prohibit landlords from evicting a tenant based on race, religion, national origin, sex, familial status, disability, or any other protected class. This also applies at the state level in North Carolina.
• Evicting A Tenant Without Cause: Landlords cannot evict a tenant without a legal cause. Legal causes include non-payment of rent, violation of lease agreement terms, or involvement in illegal activities.
• Evicting For Nonpayment Of Utilities: North Carolina law forbids evictions from rental units due to overdue utility bills, including water, sewer, and electricity.

North Carolina Eviction Laws Quick Reference Table

How To Evict Someone In North Carolina: A Step-by-Step Guide

Step 1: Establish grounds for eviction.

Grounds for eviction can include any one of the following:

• Nonpayment of rent
• Lease violations
• Illegal activity, such as drug trafficking or violent crime.
• Staying beyond the lease term without the landlord's agreement

Ensure you have ample documentation, such as rental agreements, records of correspondence with the tenant, and (photos if applicable).

Step 2: Serve the tenant written notice.

Depending on the grounds for eviction, the type and length of notice required can vary. For nonpayment of rent, landlords must provide at least 10 days’ notice, allowing the tenant to pay the amount due within that period or face eviction.

If the lease stipulates that certain rental agreement violations will result in eviction, you may notify the tenant of your intention to reclaim the rental property and file an eviction suit immediately. Similarly, landlords are not required to provide advance notice of evictions for criminal activity.

Step 3: File a Summary Ejectment

If the tenant fails to respond to the notice appropriately (such as by nonpayment of rent), the landlord can go to the local courthouse to file an eviction suit (there will be filing fees). In North Carolina, this is known as a summary ejectment.

This is a legal action to regain possession of the property. The court will then schedule an eviction hearing and judgment where the landlord and tenant present their cases.

Step 4: Attend the district court eviction hearing and judgment.

Unless the tenant pays what they owe, the eviction case will proceed and a judge will hear both the landlord and tenant’s case. Landlords will receive a default judgment if the tenant fails to show for the hearing.

Note that eviction cases in District Court stipulate that tenants must file an answer within 20 days of receiving the summons and complaint, which could prolong the process.

If the court rules in favor of the landlord, a judgment for possession will be granted. Tenants have 30 days to appeal, or must vacate the property within 10 days.

Step 5: Tenant vacates the property within 10 days.

If the tenant does not vacate within 10 days, the court will issue a writ of possession to the sheriff’s office. Evictions due to illegal activity will result in immediate removal.

In all other situations, tenants have 5 days to move out of the rental unit or face forcible removal by the county sheriff. Personal property will be transferred to a storage facility.

Georgia Eviction Laws Without a Lease

In Georgia, evictions of tenants without a lease follow specific legal guidelines. Here are the key points:

1. Notice Requirements for Eviction: Landlords in Georgia must provide tenants with a 60-day written notice for eviction, regardless of the duration of their stay in the rental unit. If you are a tenant without a lease, you're required to give a 30-day notice to the landlord to terminate or change the original agreement.
2. Tenant Rights and Responsibilities: Tenants have rights to privacy, timely return of security deposits, and the right to dispute unfair treatment or illegal eviction attempts. Responsibilities include keeping the rental property in good condition, paying rent on time, and not engaging in illegal activities on the property.
3. Rent Determination and Changes: Rent without a lease is often based on the initial agreement between the tenant and landlord. Landlords must provide a 60-day notice for any rent changes, while tenants should give a 30-day notice if planning to vacate. Rent can be increased, as there are no state-wide rent control policies in Georgia, but it must be reasonable.
4. Grounds for Eviction: Legal reasons for eviction in Georgia include nonpayment of rent, violation of rental agreement terms, engaging in illegal activities, and holding over after a rental agreement term has ended.
5. Eviction Process: The eviction process involves several steps, starting with a proper eviction notice. Tenants have the right to a court hearing and cannot be subjected to illegal lockouts or utility shutoffs. If an eviction notice is given, tenants may have the opportunity to correct the issue, like paying overdue rent, to avoid eviction.
6. Ending Tenancy and Moving Out: When leaving a property without a formal lease in Georgia, tenants should provide a 30-day written notice, maintain the property's condition, and ensure all rent is paid up to the end of the notice period. Landlords have one month to return a tenant’s security deposit after vacating the property.
7. Dispute Resolution: For any legal disputes, tenants have options like direct negotiation, mediation, arbitration, or court action. Local tenant associations can also provide support and information about rights and potential steps to take.

How Long Does An Eviction Stay On Your Record?

It’s not exactly the eviction itself that stays on your credit report. Instead, the late rent and associated fees will appear on your credit report for up to seven years—that’s a long time!

Tired Of Overdue Rent? Eviction Services Are Available

It can be frustrating to deal with tenants who fail to pay rent on time. Hemlane can assist you in navigating the process and ensuring that you receive the rent you are owed while minimizing costly court fees. Explore our eviction services and on-demand delinquency management today.