How do i go about evicting a tennant in North Carolina?

If you are considering becoming a landlord in North Carolina or you are currently renting within North Carolina, you may be interested in learning about the eviction laws of North Carolina. Eviction laws vary from state to state, so it's a good idea to know and understand what your rights are as a landlord and as a tenant. In North Carolina, there are set laws for both landlords and tenants.

In the state of North Carolina, it is not legal for a landlord to have the locks changed on rental property for any reason. The landlord is also unable to prevent the tenant from entering the rental property unless the property is being repaired and the delay is temporary. If a tenant fails to pay agreed upon rental for rental property in North Carolina the landlord must proceed through proper channels to evict the tenant. The process a landlord must go through in order to evict a tenant is referred to as "Summary Ejectment."

If a landlord wishes to evict a tenant that refuses to leave the rental property, the landlord must visit a Small Claims Court and file a Magistrate's Summons and Complaint in Summary Ejectment. The Sheriff's Office will then serve the tenant with the Summons of Complaint filed by the landlord. This summons must be delivered personally or posted for the tenant on the premises door. The tenant will be able to find the court date, time and place on the Summons of Complaint and must show up for the hearing. During the hearing, the tenant and the landlord may have attorneys present, submit evidence as well as subpoena witnesses.

The tenant may decide to file written counter claims against the landlord and this would take place at the eviction hearing. Actions that may cause claims of these types include:

The landlord's failure to make repairs to the property after the tenant informed him of the needed repairs.

Or

Damages to property or other damages caused by an unlawful eviction