Landlords and Eviction from Raleigh Rental Homes

A Landlord may evict a Tenant for violating a provision of the lease, but must do so according to lawful procedures. For example, unless the Tenant's lease provides otherwise, when a Tenant does not pay their full rent, the Landlord must first make a clear demand on the Tenant for payment of the past-due rent. Then, if the Tenant does not pay the rent within ten days (or if the Tenant has violated the lease in some other way), the Landlord may file a formal 'summary ejectment' complaint against the Tenant in court describing why the Tenant should be evicted.

Many leases permit the Landlord to shorten the ten day notice period or avoid it altogether by including a 'forfeiture clause.' Such clauses provide that the lease terminates if you do not pay your rent within a specified number of days after it is due and may require no notice or less than ten days' notice before the Landlord is permitted to begin the summary ejectment proceedings in court.

At the court hearing, the Tenant can raise defenses. If the magistrate rules in favor of the Landlord, the Tenant can appeal the decision within ten days. However, the Tenant must pay the appropriate rent to the clerk of the court while the appeal is pending. If the Tenant does not appeal in time, or if the Landlord wins the appeal, he can enlist the services of the county sheriff to execute the judgment and evict the Tenant. At all times throughout the process, the Landlord must use peaceable means to regain his property. 'Self-help eviction,' such as changing the locks, removing the Tenant's possessions, or padlocking the door of Raleigh rental homes, is not permitted.

Rodney McNabb is a part of a team of Raleigh Realtors that offer services in Raleigh Property Management and Raleigh Short Sales