Eviction is a topic that owners often ask about. Fortunately, in the 12 years we’ve been in business at Carolina Living, we have only had to evict a tenant three times. That’s a pretty good record. But, we do keep up with the laws, and we do know what is required to remove a tenant through the eviction process.
Eviction Process Charlotte, NC: Serve Notice
Verify first whether your tenant is a veteran. The courts require this. Then, you have to send the tenant a 10 Day Letter. This is for nonpayment of rent, which is most common type of eviction. The tenants will typically have the first five days of a month to pay. If you have reached the sixth day and you have not received rent, you can send a 10 Day Letter demanding that rent be paid or the property be vacated.
Property Management Charlotte: Writ of Possession
Once the 10-day period is up, the next step in the tenant eviction process is to go to the courthouse and file for a Writ of Possession. You can ask for rent that is owed and the removal of the tenants from the property. Then, you’re at the mercy of the courts, and you wait for a court date. Usually, you’ll get your court date within 5 to 7 days. The magistrate hears both sides and makes a determination on possession and any money owed. Sometimes, the magistrate will offer the tenant an opportunity to pay and get caught up. However if you have proof that the tenant has not paid, you will usually gain possession of your property. The tenant then has 10 days to appeal.
How to Evict a Tenant: Obtaining Possession
After the appeal process has run through the 10 days, you can hire the sheriff to lock your tenants out of the property. Meet the sheriff there, and have a locksmith ready. The sheriff will make sure everyone is out, and you can change the locks.
There are other rules involved in the eviction process, especially if furniture and belongings are left behind. Overall, the process takes between 30 and 45 days. That’s not as long as many people fear, but it’s never a good experience. If you do things correctly and you’re prepared for court and have documentation, it’s a fairly simple process.
If you need help evicting a tenant or with anything pertaining to Charlotte property management, please don’t hesitate to contact us at Carolina Living Real Estate.
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