North Carolina Eviction Timeline

By
Property Manager with Linchpin Property Management C31560

As a landlord in Fayetteville, NC, we are sure you have questions concerning the eviction timeline, and how long it will take to get your tenant out of your rental property.

 

The good news is that North Carolina state law lays out an eviction timeline to provide you with some guidance. 

 

The bad news is, it's just a timeline, and no one can answer that question with 100% certainty. 

 

Having said that, we will lay out some of the benchmark time frames you can reference to give you some idea, in the best case scenario, when your tenant can be removed from your Fayetteville, NC property.

 

Bottom Line Up Front:  You are looking at about 48 days from start to finish to get your tenant out of your property after an eviction.  This of course can adjust to the left and right, depending on the workload of the court, and how cooperative the tenant is with the process. 

 

North Carolina Eviction Timeline Step 1:  Notice to the Tenant (10 Days)

 

Providing notice to your tenant is necessary for an eviction for non-payment or rent, or an eviction for a holdover tenant.  Notices for an eviction are called Notices to Quit.  These are two of the most common eviction actions in North Carolina. 

 

For some others, you don't have to provide notice, such as if the tenant has engaged in illegal activity, or for lease violations. 

 

But for this timeline we will use the eviction for non-payment of rent, as it is the longest notice requirement in the eviction process. 

 

North Carolina Eviction Timeline Step 2:  Filing of the Summary Ejectment (Eviction) to the Hearing (14 Days)

 

After the 10th day of the notice, you can then file for Summary Ejectment of the tenant.  This is commonly called an eviction. 

 

If you attempt to file before the 10 days are up, the clerk will tell you to come back later. These 10 days cannot be waived, because it is a right afforded to the tenant under the law. 

 

Once you file your paperwork, the clerk will provide you with a copy of the complaint, along with a date to return for court.  This will be within 14 days.  Well ideally it will be within 14 days. 

 

North Carolina Eviction Timeline Step 3:  Filing a Writ of Possession (10 Days)

 

Hopefully you won your case in court, and the judge ordered the tenant to leave.  But this doesn't mean the tenant has to leave immediately. 

 

Even if you win, you can't just get your rental property back.  You have to wait for 10 days before you can legally possess it again.  This 10 days gives the tenant the opportunity to appeal the judge's decision.

 

It should be noted, however, that the tenant can leave before the 10 days is up, and that would be ideal.  In most cases, however, the tenant won't leave in time.   This is when you can file for a Writ of Possession with the court.

 

North Carolina Eviction Timeline Step 4:  Possession of the Property (7 Days)

 

If the tenant hasn't vacated after the 10 days, and the judge provided a writ of possession, now is the time to provide the sheriff with the Writ and ask them to remove the tenant from the property. 

 

Usually this will be another 7 days you have to wait.  During the waiting period, you should prepare to have a locksmith on the property when the sheriff is present to change the locks. 

 

North Carolina Eviction Timeline Step 5:  Disposal of Property (7 days)

 

It is important to note that you can not simply dispose of property left by the tenant in your rental.  The law sets out when, how, and through which method you can dispose of your evicted tenant's property. 

 

We are Here to Help with Your North Carolina Eviction.

 

The eviction process in North Carolina isn't as cut and dry as it sounds.  It's a lot of work, and can end with a bad result if it is not done correctly. 

 

If you need help with your eviction process in North Carolina, feel free to reach out to us.  

 

You can also download our free eBook "How to Evict a Tenant in North Carolina" by clicking the link below.

 

How to Evict a Tenant in North Carolina

 

 

The Team at Linchpin Property Management

 

 

 

By the way.  Share if you think it's relevant.  Sharing helps out us small property management companies grow big and strong.  Kind of like sharing your last bite of your meal with your kids. 

 

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P.S. We love to network.  Send us a message, give us a call ,or stop on by if you are in the Fayetteville area. 

 

The coffee is on us. 

 

Linchpin Property Management

2529 Raeford Rd. Unit C-7

Fayetteville, NC 28305

(910) 236-9844

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