How to evict a tenant?

Question

How does the eviction process work?

Ellen Womack · Answer

It IS in North Carolina

Pat Lulewicz · Answer

@Ellen Womack if its in the Triangle, I'm happy to connect you with my attorney that handles these. Very reasonable price/service. The DIY method is to post a notice on their door that they have 10 days to pay rent (req'd by state law). If they don't, on day 11 you can get the necessary eviction docs from the county website and fill those out. Once filled out and mailed to the appropriate parties, and once the county receives them, they'll schedule a hearing. You are not told when that hearing is; you have to call to confirm the date, time and room #. At the hearing, you present your case and so does your tenant if they show. The judge will make a ruling at that time. If its in your favor, they'll set a date and time for the sheriff to come and give you possession back.

Kim Meredith Hampton · Answer

@Ellen Womack, what state is the property, each are a little different?

Tom Fidrych · Answer

What state is the rental property in?

Will Fraser · Answer

If you have a few properties that you operate, I'd recommend sending Michael Sullivan of M.L. Sullivan and Co a text and getting a meal together.  The man is brilliant and would be a asset to have in your corner!

Will Fraser · Answer

@Ellen Womack, while it does vary from state to state the general process is:

- Serve notice that a violation of lease has occurred (according to the property timings and methods for your jurisdiction)

-  Schedule a hearing

- Show up to hearing and prove that a notice was served.  If not property served then it will need to be done property.

- Once notice has been confirmed to have been served properly the case will be heard/tried/etc

- Either there will be an opportunity to come to terms with the tenant or they will be given orders to vacate in a timeline and manner allowed by the state.

- Usually some sort of follow-up hearing or removal process is outlined in this hearing as a fail-safe.

Michael Dumler · Answer

@Ellen Womack, you have to file with the Magistrate Court of the County the property is located in. It's best to advise to consult with an attorney for this.

Eliott Elias · Answer

Go to the county office and request a eviction form, post on the tenants door

How to evict a tenant?

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