One of the most challenging parts of our profession is handling an eviction. It can be stressful for tenants, landlords and property managers. Someone has obviously had a difficult situation arise that has prevented them from paying rent or paying in a timely fashion.
10 Day Notice
When we file an eviction in North Carolina, we have to give the tenant a 10 Day Notice. In our office, the 10 Day Notice is already in the lease, so we are able to waive that notice requirement.
Court Date
Once we file the eviction with the Clerk of the Court here in Mecklenburg County or surrounding counties, we will have 10 days before our first court date. On that date, the tenant has the opportunity to present their situation and explain why rent has not been paid. We almost always gain possession of the property. We then need to allow the tenants 10 days to vacate or to reach an agreement in our office that allows them to stay in the property after paying all outstanding balances.
Writ of Possession
If the tenant is unable to make arrangements with us and they still do not vacate the property, we need to file a Writ of Possession. This is called padlocking, and it’s extremely humiliating to the tenant and adds stress to the homeowner. The sheriff comes out and assesses the property to determine whether the tenants are still there. The sheriff will ask the tenants to vacate or determine that the tenants have left, and can decide what to do with any possessions that might be left behind in the property.
Timelines
This process can take between 30 days to 60 days, depending on the county. This process is stressful for the owner because they have not received their rental funds and still need to make mortgage payments. They also worry about the property and whether any damage will be found. It can take some time to turn the property over and get it ready for a new tenant.
It’s our goal as property managers to make evictions smooth. When we have landlords who work with us and immediately respond to our need to do an eviction, the 
process is easier. We also communicate with tenants and provide resources that can help them pay the rent and refer them to other companies that may help them find less expensive housing. This is a win/win for everyone because the tenant feels supported and the landlord knows we are doing our best to get an individual out of the property when rent cannot be paid.
If you have any questions about the eviction process, please contact us at Carod Properties.
