In Winston-Salem, North Carolina, eviction hearings occur at a rate of 10,000 to 12,000 each year. Of those hearings, about 5,000 result in actual evictions.
Those figures show how likely you, as a Winston-Salem landlord, may have to evict tenants. That's why it pays to know what's in store for you if you ever have to. That way, you can better prepare for the process and do what you can to prevent evictions.
This guide outlines the crucial facts you need to know, so read on.
Complaint in Summary Ejectment
The legal term for eviction in North Carolina is "Complaint in Summary Ejectment." No landlord can force tenants to move out without completing this process. It's also illegal for landlords to use "self-help" methods, such as locking tenants out or turning the utilities off.
Valid Grounds for Eviction
Under North Carolina law, Winston-Salem landlords can evict tenants who haven't paid their rent on time. They can do the same to renters who've breached the lease agreement. Examples of the latter include:
- Damaging the property
- Disturbing the neighbors
- Committing criminal acts on the property
- Breaking a specific condition on the lease
An example of the last one is when tenants breach a pet policy. Suppose you allow a specific number of pets on your rental property. Your tenant may have violated the lease by telling you they only have two dogs when they have more.
Notice of Eviction
North Carolina doesn't require landlords to send a written eviction notice for breach of lease or non-payment of rent. If they're evicting a tenant for breach of lease, landlords can go straight to the Forsyth County Clerk of Courts to file an eviction. If it's for non-payment, landlords must still "notify" tenants by asking or writing them to pay rent within ten days.
Summons and Complaint
Once you file an eviction case, the court will issue a Summons and Complaint, which you must serve the tenant. However, you can't personally give it to them; you must either:
- Mail the documents by registered or certified mail
- Use a delivery service like UPS or FedEx
- Hire a process server
- Have the Sheriff's Office deliver the documents to the tenants
Only after the tenants have received the Summons and Complaint does the actual eviction "timeline" start.
Eviction Timeline
The eviction process in North Carolina can take around three weeks. However, it can go for longer than that if:
- Tenants request and get granted a continuance or postponement of the court date
- Tenants file an appeal with the court
The eviction timeline also depends on how soon the court can schedule a hearing and how soon the Sheriff can execute the "writ of possession."
Protect Yourself From Evictions
As you can see, evictions in Winston-Salem, NC, can be very stressful and time-consuming. That's why you, as a landlord, should do your best to prevent them in the first place.
Our company, PMI of the Triad, can help with our full-service property management solutions, including tenant screening, rent collection, and eviction protection plans with up to $2,000 coverage. We also back our services with our 21-Day, Happiness, and On-Time Rent Guarantees.
So, contact us today! We'll happily explain how our services can help minimize your risks of dealing with evictions.
