How does the eviction process work?

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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 9 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.


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