Evictions are a complicated process, but we have the right experience to help ensure the process goes smoothly.
No matter which side of the equation you are on, evictions are never an easy process. At Tarantino Law, PLLC, we have worked to help landlords get rid of tenants who engaged in criminal activity on their property, and we have also worked with tenants to prevent them from being wrongfully forced out. In this article, we’ll provide a brief overview of the eviction process as it works here in Mooresville, North Carolina, but we also encourage you to reach out to our team with questions about your specific situation. The eviction process follows the following steps:
- Eviction Notice – First, the landlord has to serve an official eviction notice to the tenant in question. The most common form this takes here in North Carolina is the 10-day demand for rent, which informs tenants who are past due on their rent that they have 10 days to pay or they will be evicted.
- Summary Ejectment – The next step in the eviction process is to file a lawsuit with the appropriate court. The landlord is required to state the reason for the eviction as well as what remedy they are seeking–whether they want the tenant to pay the rent money, or whether they want the tenant to move out so that they can reclaim possession of the property.
- Summons and Complaint – Next, the sheriff will deliver the official summons and complaint to the tenant. These documents inform the client of the eviction and tell them when and where the case hearing will take place.
- Hearing and Judgment – The landlord and tenant will present their cases to the magistrate. If the landlord proves that the tenant failed to pay rent or violated the terms of the lease in any way, the magistrate will rule that the property reverts to their possession and that the tenants must vacate the premises. On the other hand, if the tenants prove that the eviction notice was improper, or that the eviction itself was done in retaliation or out of discrimination, then they will be allowed to continue to live on the property.
We hope that this information has been helpful. If you have further questions, we encourage you to give our team a call.