Legal Question in Landlord & Tenant Law in North Carolina
This is in referance to the tennant that I am trying to get evicted. Can the owner get back into his property right away. I hope he doesn't have to wait after going to court two times. The tennant is on his last ten days. In all it is going to add up to almost three months so I hope we don't have to wait any longer.
Thank you
Amy
1 Answer from Attorneys
Amy,
The property owner/landlord can sue to evict the tenant. If the tenant dooes not prevail at the hearing, he has 10 days to appeal. If he wants to stay on the property, he has to post bond equal to past due rent. Otherwise, he has to get out. If he is not out in 10 days after the hearnig, you have to get a writ of possession and deliver it to the sheriff and serve the tenant. If he does not leave after 10 days, the sheriff will padlock the property. That is the law. When you say the tenant is on his last ten days, I assume that he has been served with the writ of possession and that the sheriff will padlock the property after this period expires. There will be no further delays.
The law does impose obligations on the landlord if the tenant does leave anything behind.
Feel free to contact me if you would like to discuss this matter.
Rachel Hunter
Attorney at Law
(678)-687-9693
Admitted in GA, PA & NC
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