Eviction Law in Greensboro, NC

What Is an Eviction?

An eviction is the forceful exiting of tenants following an issued notice by the property owner or landlord. Evictions usually come as a result of failure to pay rent, or from violations of the lease agreement. However, evicting a problem tenant can be a long and costly experience as landlord-tenant laws favor tenants. Getting a better understanding of how Greensboro, North Carolina eviction law can help.

Even though eviction notices happen as a result of serious problems with the tenant, not all eviction notices lead to an actual eviction. Oftentimes, eviction notices serve as a final warning for the tenant. If the tenant can then pay rent, or begin to follow the lease agreement, they may avoid eviction.

When Can Landlords Send a Termination Notice?

The Tenant Doesn’t Pay Rent

If a delinquent Greensboro, NC tenant frequently pays rent late or has not paid rent at all, there is a good reason for eviction. Some states do have a grace period for an occasional late payment. However, if a tenant makes a habit of always paying late, that grace period does not apply and the property owner can provide an eviction notice.

In general, North Carolina Statutes say that landlords should give ten days’ notice for evictions. However, building owners in Greensboro should pay attention to potential changes due to the pandemic. In the past, federal institutions like the CDC issued moratoriums in areas with high transmission levels.

You should always provide your tenant with “late rent” notices and keep a copy for yourself in your files. That way, if the eviction case goes to court, you have paper evidence of their failure to pay rent on time.

The Tenant Violates the Terms or Conditions of the Lease Agreement

Lease agreements are legally binding contracts, meaning that if a tenant violates any terms, it could serve as grounds for eviction. For instance, if the lease prohibits additional occupants in the unit and the tenant disregards this rule, you are entitled to initiate the eviction process by serving proper notice.

These agreements are equally binding for landlords. In , landlords must adhere to the terms outlined in the lease, including responsibilities for repairs and maintenance specified in the contract. Failing to uphold these obligations could result in legal repercussions for the landlord.

The Tenant Damages the Property

Tenants are going to cause damage to the property; it’s unavoidable. Wear and tear when living in a home is normal. Still, there’s a difference between scratches on the wall or broken blinds, and intentional destruction of property.

If it’s clear that your tenant is causing severe damage to your property, such as breaking through walls or smashing windows, this may be cause for eviction. However, if your tenant makes repairs themselves, and doesn’t make any major changes to the property, this might not be grounds for eviction.

The Tenant Uses the Property for Illegal Purposes

If your tenant is using your Greensboro property for illegal purposes, such as selling drugs or weapons, this can be clear grounds for eviction. Reporting the issue might also bring criminal charges against the tenant.

However, you should prepare to provide evidence that the tenant is using the property for illegal purposes. If law enforcement came to the property to address these issues at any time, these reports can prove helpful.

How to Evict a Tenant in Greensboro, North Carolina

If you want to evict a tenant for any reason, then you need to understand the eviction process. Here’s how it works.

Step 1. Check Your Local Laws

Eviction laws are different in each state and can also vary at the city level. Therefore, it’s important to familiarize yourself with local laws before taking any action. Always ensure you have a legally valid reason for eviction before giving notice. A qualified Greensboro, NC attorney can help review your case to determine if you do.

The North Carolina Department of Justice has a Landlord-Tenant Booklet to understand some of the essentials. As an example, this document references the tenant responsibilities expressed in North Carolina General Statutes. Violations of these types of expectations in this legislation can lead to a legal reason for the eviction:

Keeping the premises safe, clean, and sanitary
Throwing out garbage in a proper manner
Refraining from damaging or defacing the property
Complying with obligations in the current building and housing code

Step 2. Give a Formal Notice of Eviction

If your tenants persist in violating the terms of their lease despite your efforts to reason with them, issuing a formal eviction notice becomes the next step. This notice acts as a final warning, clearly outlining the specific lease violations and providing instructions on how the tenant can remedy the situation to halt the eviction process.

The eviction notice must also include a deadline by which the tenant must pay overdue rent or vacate the property, as well as the exact amount owed. If you’re unsure how to draft a proper eviction notice, consider using online templates or consulting with a legal professional for guidance.

The Guilford County Sheriff’s Office serves copies of the Summons and Complaint in Summary Ejectment. At that point, tenants in Greensboro have up to ten days to appeal. However, this crucial step in the process does not occur without approval from a civil magistrate.

Step 3. File the Eviction with the Court

You must file the eviction notice with the court within a few days. The court will then set a hearing date and will notify the tenant of the hearing by a summons. Typically, a magistrate from a Small Claims Court in Greensboro will adjudicate evictions in the city.

Step 4. Contact an Experienced Greensboro, North Carolina Eviction Attorney and Prepare for the Hearing

You should find an attorney as soon as possible to help you prepare for the hearing. Then, when you go to the hearing, you should bring the following documents:

Lease agreements
Records of payments
Bounced checks
Record of communication between you and the tenant
Record of the eviction notice
Proof that the tenant received the notice

Step 5. Evict the Tenant

If you’ve won the hearing, your tenant will have time to move out of your property. The amount of time allowed is dependent on the state, but it typically ranges from 48 hours to one week. If the tenant refuses to leave, you can contact Greensboro, NC law enforcement to forcibly remove them from the property.

Step 6. Collect Past-Due Rent Payments

If your tenant owes you rent money, you may still have a long fight ahead to collect past-due payments. You can try to collect these payments through several methods:

Hiring a private debt collector
Garnishing their tax refunds
Garnishing their wages
Taking the case to small claims court

Work with an Experienced Eviction Attorney in Greensboro, North Carolina

The tenant will likely try to argue that you did not follow proper procedures for providing an eviction notice. Having a qualified Greensboro attorney on your side can take the pressure off your back, and help ensure a victory in court. We can even help you connect with an attorney across North Carolina state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!

About the Author

Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.

With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.

If you would like to do more research, we can tell you about the basics of other areas of Greensboro, NC law.