How does the eviction process work?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How does the eviction process work?
Asked on November 20, 2012 under Real Estate Law, North Carolina
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
In brief it works something like this. A landlord has to give the tenant a "notice to quit". This is a writning that informs the tenant that their tenancy is to end and the date on which they must move out. If the tenant does not leave by the date specified, then the landlord will need to take legal action. This consists of filing an "unlawful detainer' with the court; this is nothing more than an eviction lawsuit. At the trial, if the judge agrees with the landlord, they will issue what is known as a "writ of possession", which in effect gives the landlord the legal right to take back the premises. If the tenant fails to vacate the property, then the landlord can get a sheriff to physically remove them if necessary. This whole process can take 4-8 weeks or so, depending on the jurisdiction.
At this point, you can consult with an attorney who handles such cases or contact a tenant's rights organization for more information.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.