State Specific Question About: NORTH CAROLINA (NC) I am looking for a procedure, step one, step two etc. from start to end on how and what to do legally to evict a resident. I'm gathering so far that the first step is to send them a demand for payment or leave notice. Anyone have one they would be willing to share? Then what is the next step?

thank you

Darrell

In situations like this, it is often recommended here that you get a flat-rate eviction attorney to do your first one -- and shadow him in all that he does. So, I'll throw that suggestion out there to start with.

Hopefully, someone familiar with NC law will come along and make other suggestions if you really want to just do it yourself.

- John...

Thank you. I'm in the process of looking for a lawyer now.

Any other help would be greatly appreciated.

The first step is the hardest.

Hey Darrell,

The first eviction is very nerve racking. My only eviction was several years ago and I handled it myself. The Magistrate was very helpful on a minor point. (Most people leave when they are served with the 10 day, thankfully) I found this site very helpful (thank you Tyler) and also two books, Landlords’ Rights and Duties in North Carolina (written by Jacqueline D Stanly and Mark Warden two lawyers out of Greensboro), and NOLO’s Everybody’s Guide to Small Claims Court. Also a visit to small claims court is very educational and highly recommended. The steps you have requested are a little lengthy for this forum but the first book mentioned above include those steps.

Yes the ten day pay or quit is first but as I understand it these are ten “working” days not to include weekends or holidays recognized in N.C. (also listed in book #1). Also rent is not “Late” until after the 5th.

All court will require is your request (Eviction) and your silence, if they show up. Also practice saying “unfortunately what the tenant stated is untrue.”

My best advice is to stop all verbal contact with tenant and not to accept partial payments unless you are trying to work it out. (If you do accept partial payment the process starts over again.) If you suspect they have left before the eviction, make sure you mail or post an Intent to Enter (the letter can state that you intend to be at the home everyday if you like) whenever you will be checking to see if they are gone. If the home has been abandoned get in quickly and shut off main breaker and water, take lots of pictures with the day’s paper (don’t forget the picture of the key they left on the counter) change the locks and get ready for the next “Bug”.

Good luck

Here is a letter I drafted. Anyone see anything wrong with it? I presume it is acceptable to state TWO courses of action in one letter. One being pay or get out in 4 days, the other if nothing happens in 10 days Summary Ejectment will occur.

Course of Action Notice

Demand for Rent

Date of Notice:

Tenant in possession: Joe Slackard

Leased premises: Premise is house and improvements commonly known as

123 Happy street

City

County

State, Zip

To: Tenants listed above and all persons now in possession of the leased premises,

FINAL NOTICE: You are hereby notified that there is now due to the landlord the sum of $ ____ and payment is hereby demanded of you. (Refer to Page 1 and 2 of Lease Agreement, Section titled 'Rental' paragraph 1 sentence 2 and 3).{what's in parenthesis is what I'm referring to on my lease to reference rent amount and late fee's}

Payment must be received at (my address, on or before four (4) business days, (Monday through Friday, Federal Holidays not included) is due or move out.

If no remediation is made or agreed upon after Ten (10) days after service of this notice on you, I will file a formal Summary Ejectment complaint against you.

Well I guess I'm going to learn by doing. :)