Make Legal North Carolina Evictions Forms For Free

It's illegal in North Carolina for landlords to use self-help tactics to evict a tenant. These include removing the front door, changing the locks, turning off utilities, and removing the tenant's belongings.

For month-to-month leases, there must be seven days of notice. For year-to-year leases or those with other definite terms, landlords must notify the tenant, or vice versa, within a month of the end of the lease. On leases lasting between one week and one month, notice must be given at least two days in advance.

To begin the eviction process, the landlord must file a Magistrate's Summons and a Complaint in Summary Ejectment with the Clerk of Court. In most cases, the landlord must give the tenant advance notice to end the lease or make a demand for past-due rent before starting the eviction process.

How to Evict Step 1 ? Send an Eviction Notice to Tenant. Non-Compliance. Month to Month. ... Step 2 ? Wait to Hear from the Tenant. Step 3 ? File in Court. Average Processing Time. ... Step 4 ? Serve the Tenant. Step 5 ? Appear in Court. Judgment for Possession. ... Step 6 ? File for a Writ of Restitution. Step 7 ? Repossess the Property.

Complaint for Summary Ejectment (CVM-201): This form opens an eviction case against a tenant. Summons (CVM-100): Once the Complaint has been filed, the court will produce the Summons. It states the case against the tenant and indicates the hearing date for the landlord and tenant to appear in court.

Landlords cannot force tenants out of their homes without going to court, for instance, by changing the locks, turning off utilities or removing the doors. Landlords may send tenants ?eviction notices? warning tenants that they plan to file for eviction unless the tenant moves out first.