Beginning Process
If a landlord wants to evict a tenant in North Carolina, he must obtain a court order through a process known as "summary ejectment." The landlord must file a Magistrate's Summons and Complaint in Summary Ejectment in small claims court. This order must be presented to the tenant, with the date, time and place of the hearing, by the local sheriff. This can be done in person or through posting. The notice must be in a conspicuous place if posted, so that the tenant is likely to see it right away. Both sides may present evidence, have legal representation and call witnesses.
Tenant's Rights
There are several cases in which a landlord is not allowed to evict a tenant. Some of these cases include complaints made concerning a repair that the landlord is required to make, the tenant joining a tenants' rights group or attempts to exercise rights guaranteed to them in their lease or under federal law. A landlord is also not allowed to physically remove, shut off utilities, lock out or intimidate a tenant into leaving. Only a sheriff may physically remove a tenant and his possessions, if said tenant has been found guilty in court and been ordered to vacate. In some cases, the tenant can file a countersuit against his landlord. If a landlord has failed to make repairs to the property, after being notified and allowed a reasonable amount of time to take care of the issue, the tenant may be entitled to a repayment of past rent. Also, if the landlord has evicted, or attempted to evict, the tenant illegally, the tenant can countersue.
Appeal
Both the tenant and the landlord have 10 days to appeal the court's decision. During this period, the landlord is forbidden to force the tenant to vacate. The landlord cannot lock out the tenant, intimidate him into moving, remove his personal property or otherwise interfere with the tenant's living arrangement during this time, either. If the tenant is successful in retrial and pays any back rent due, he may remain in the premises. If they fail to do so, the landlord may go ahead with eviction by obtaining a Writ of Possession of Real Property, which is issued by the Clerk of Court. When this is obtained the sheriff, and not the landlord, can move in and physically remove the tenant, and his personal property, from the premises.
Tags: evict tenant, physically remove, North Carolina, personal property, physically remove tenant
