How to Properly File an Eviction – Charlotte Landlord Education
Cheryl Warren - Tuesday, May 23, 2017
Sometimes, we need to file evictions on behalf of the owners we work with, and there’s a lot we notice when we attend the hearings and handle these matters. We observe many things during eviction hearings, so we wanted to share some Charlotte landlord advice with you and hopefully help you make the eviction process a little easier, if you have to file an eviction yourself.
Pay or Quit Notice
If your lease does not provide for a waiver of notice, you must send your tenant a letter demanding payment. It’s called a Pay or Quit Notice, and it informs the tenant that rent has not been paid and you would like your past due money. You’ll need to give your tenants 10 days to respond. If they don’t respond, you visit the clerk of the court and file for an eviction, or a summary ejectment.
Filing for Eviction
When you’re filing, you must complete a civil service member’s affidavit. This is a new requirement and is very important. You can find the necessary form on nccourts.org. You’ll need to confirm that your tenant was or was not in the military, and then file your eviction.
At the hearing, you will also need to submit a judgment form for the magistrate. You can also find that on the court website (nccourts.org). Also, when you go to the hearing, the judgement forms will be available on a table as you walk in the courtroom. The magistrate will ask you for it, so complete as much of it as you can. Don’t put any information into the judgment amount on the form, but everything else needs to be complete.
Bring Your Documentation
Finally, have a copy of your lease and the rental ledger available. The magistrate might ask for that, especially if you don’t use a North Carolina Realtors Association lease. Among other things, they want to see if your lease waives notice.
These are a few things that will help you in the Mecklenburg courts. If you have any questions about evicting someone from your Charlotte rental home or anything pertaining to Charlotte property management, please contact us at Rubec Properties.
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