What Are The Evictions Laws In North Carolina And How Long Does It Take To Evict A Tenant For Non-payment Of Rent (4 Months Behind)?

The eviction process in North Carolina is covered by the North Carolina state statutes chapter 46. However you cannot just kick your tenant out onto the streets without warning. They must be evicted through a court order process which means that a landlord must go through a summary ejection to receive a court order that signifies that the eviction can legally happen. So before you can evict your tenant, there are a few steps that you have to go through.

First of all you need to make sure that you have a valid reason to evict your tenant. Failure to pay rent does count as one of these reasons and the judge will decide if four months worth of late rate is a sufficient cause for eviction.

Then take a trip to your local claims court to inform the clerk that you would like to file a magistrate’s summons and complaint to gain permission for an ejection. You can get this form through your local Magistrate’s website. Just download it onto your computer, print it off, fill it in and then take it to the court when you are paying a visit to your local claims court. The clerk will then set a date for a hearing, or the magistrate may then decide to hear your case straight away if they have a large gap in their schedule. Be prepared for this by taking everything with you that you will need. If they tell you a date and time to come back on, it is imperative that you show up at least half an hour before that time so that you can be fully prepared. They will send a summons to your tenant to be there on the same date. Do not be late.

The court will then examine the evidence that you bring before them and hear the cases for and against the eviction and they will make a neutral and informed decision.

It is not easy to evict a tenant in North Carolina for repeated non-payment of their monthly rent, but the good news is that you can choose this route even if he/she failed to pay a single month's rent. You will have to get a special court order referred to as a "summary ejectment." This can be arranged through a small claims court and the first step is to file a Magistrate's Summons. Once the judge has passed a verdict, either side has 10 days to appeal. If no appeal is lodged, you may proceed to evict the tenant after 10 days have elapsed and you should ask the Sheriff to participate in this process.

I am 4 mon. Behind in rent  I've trying to get caught up but I need a few more weeks my landlord filed for eviction yesterday how long before I have to be out

Ok but what happens if they do appeal how much longer then?