Grab a North Carolina eviction notice template and read further to learn about what happens AFTER a notice is posted, how long the eviction process takes and other aspects of North Carolina eviction law.
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Types of Eviction Notices
In North Carolina, there are three types of Notice to Quit documents on the books that can be used by a landlord. The first, which is the Immediate Notice to Quit (Non-Compliance), is exclusively for tenants that have done damaged the property. These require the tenant to quit the property immediately and no remedy is accepted. The second type, which is the 10-Day Notice to Quit (Non-Payment of Rent), is designed to grant the tenant a chance to remedy the situation. If the rent is paid within 10 days, legal action can stop. The final type, which is the Seven-Day Notice to Quit (Month-to-Month), just calls an end to month-to-month tenancies. This document can be furnished by either the tenant or the landlord.
What Happens After a Notice is Posted
Once each of the associated notification terms has expired, the landlord may then file a Complaint for Summary Ejection. This complaint is filed at the local court in the county of the property. This will require filing fees, but once this is done, a summons will be issued, which is served by the sheriff. If the tenant fails to appear or is judged against, a Judgment for Possession will be issued, and the tenant will be asked to leave in 10 days. If the tenant doesn’t vacate, then the landlord may file a Writ of Possession, and the sheriff will forcibly evict the renter.
When is Rent Due
In the state of North Carolina, rent is due on the day that it is agreed up in the rent. As a result, the landlord may then furnish a 10-day notice on the following day and expect to be paid the missing rent within this period. Should the rent not be paid, then eviction proceedings can begin.
How Long Does the Eviction Process Take
In the state of North Carolina, the eviction process can be somewhat swift as compared to other states. This is due to the fact that even month-to-month rentals can only have a seven-day period of notification. In addition to this, after the 10-day period granted to late payers has expired, the court system can make fairly quick judgments. Once a judgment has been reached, both parties will have 10 days to appeal the decision, which is the same time period a ruled-against tenant will be granted to quit the premises. Finally, after judgment, the Writ of Possession takes about seven days to be granted after filing, so in total, the process can take less than a month.