How long does it take to evict a tenant in North Carolina?

Evictions. Nobody likes to talk about them and any landlord  has a horror story to tell. Unfortunately, evictions are a necessary practice in property management but they shouldn't become an emotional event for the landlord. I'll discuss the right way to handle evictions towards the end of this post, but first I'll go over the eviction process and timeline in North Carolina (and specifically the Charlotte area).

(For 2014 Updates to this article, view our blog at http:alarca.com/blog)

Assume rent is due on the 1st of the month, is late on the 6th and the tenant hasn't paid.

1. Landlord sends a demand for payment letter to the tenant, giving the tenant notice that they have 10 days to pay or eviction will be filed. This step can be skipped if your lease includes a clause that waives the 10 day notice period. Many leases do NOT waive notice (Alarca's lease waives notice).
2. File eviction at the county courthouse once the proper period has elapsed. Filing fees vary by county and also depend upon the number of tenants on the lease. In Mecklenburg County, NC the filing fees are roughly $160 for two tenants. 
3. Once filed a court date is set. In Mecklenburg County this is typically 3-4 weeks from the filing date.
4. Attend court and receive a judgment if you win. 
5. The tenants have 10 days to file an appeal. 
6. If an appeal is NOT filed and the home is still occupied, you must file a Writ of Possession. This is the document that grants possession of the home and tells the Sheriff that you want to change the locks on the home. 
7. Once the locks are changed the tenants have another 10 days to retrieve their items (this will become 5 days on October 1, 2012). The tenants' items must not be disposed of during this 10 day period. 
8. If an appeal is filed after step 5 above, a new court date will be set. This is typically 30 days or so after the appeal is filed. The tenants are supposed to post rent with the court during this time period.
9. The appeal is held in District Court and an attorney must be hired if the owner of the home is a corporation or LLC. 

So, that's the process in a nutshell. There are a lot of little things that can happen during this timeframe. Most landlords lose their cases due to insufficient documentation, improper filing, insufficient notice, etc. Also, some landlords feel that if the tenant isn't paying rent, the landlord isn't going to make repairs. This is a big mistake and another reason that landlords may not only lose their case, but may end up owing the tenant money for damages!

So what's the right way to handle all of this? First and foremost, treat the tenants with respect and understanding. Your tenant is likely already going through a tough period and there is no reason to make things worse. It is very helpful to have a written policy that is consistently applied across all situations and with all tenants. This should be communicated to the tenant at lease signing and reinforced every time rent is late. For example, Alarca files evictions on the 11th of every month on every tenant who hasn't paid.

Ensure that the property is maintained in accordance with all local code requirements and that the landlord is following all of the rules regarding notice, acceptance of rent, etc. Your best bet is to hire a competent attorney and property manager to handle the management of the home during this crucial period. You can attend court anytime and see time after time where misinformed landlords lose their case due to technical mistakes they've made in the filing process. Why put yourself through this when Alarca can handle this for you? In the vast majority of evictions we file, we are able to work with the tenants to get them back on track.