Flagship Property Management is here to provide you with a FREE step by step guide to evictions. Of course, with a professional property manager, none of this will be your responsibility. Whether you are trying to better understand the eviction process or you are self managing a property, follow along in our Evictions 101 guide to better understand how you play a role in the eviction process. Flagship Property Management is a full service property management company built for investors, by an investor. If you are in the Eastern North Carolina area, specifically between Goldsboro, NC and Greenville, NC, we would love to speak with your about Goldsboro Property Management or Rosewood Property Management! In addition, we specialize in Stoney Creek Property Management, New Hope Property Management, Elroy Property Management, Walnut Creek Property Management, Mar-Mac Property Management,and Brogden Property Management.
If you have any questions about the eviction process, please consult a lawyer for more specifics or visit your county specific courthouse for additional information.
As a landlord, you can not evict for things that are not a lease violation. It may seem logical but is not always how people think. A valid reason to evict a tenant is for a lease violation or an unlawful task. Just because a tenant does not take the trash out every week, or cut the grass as often as you would like does not mean you can evict the tenant.
There are certain steps that must be taken before pursuing legal proceedings. A landlord must notify a tenant of the lease violation. If it is a non-payment of rent, there should be a grace period included. Once the lease violation has been given, the tenant will have a specified time period to mediate the situation. If it is a non-payment of rent, the tenant must pay their rent. If you follow these correct terms, you can legally go file an eviction at the courthouse.
In step one, we spoke about one of the most obvious reasons for evicting a tenant, non-payment of rent. Step two expands on the reasons of possible evictions. In addition to the possible lease violations, unlawful activity is a valid reason to evict a tenant.
Possible Lease Violations:
Non-Payment of Rent
Use of the property for illegal activities
Failure to comply with HOA rules or city/county code ordinances
A landlord must give a tenant a time period to remediate the situation. At Flagship Property Management, our time period is five days.
First things first, you will need to fill out eviction paperwork. This can be printed at home and filled out or filled out directly at the eviction office. There is a list of various different things you will need to bring with you to file an eviction in court. Download a FREE checklist today!
One for yourself and one for EACH tenant
Eviction Filing Form
Steps and locations of evictions will vary by county and state.
So, you’ve successfully gathered all your paperwork and payment and filed an eviction. Next steps are easy! Remember that self addressed envelope? That is coming back to you with a little bit more information inside! This information will have the date you have to appear in court. This may be in a different place or courtroom than where you filed the eviction papers, make sure you know where you need to be.
Get the FREE downloadable checklist now! *Make them fill out form giving us their contact info*
Your court date is coming up and you may be a little apprehensive. What is next? Easy. Your court date came back to you on that little postcard, just show up at court! Looking for our best advice? Be prepared! Have all the files the judge may ask for prepared. Check out our downloadable list to make sure you are always prepared!
Some things to bring to court:
Copy of Lease Agreement
Copy of the eviction filing paperwork
Up to date tenant ledger
Copy of late letters or tenant lease violation letter
Pics if available to show violation (pets, damage, etc.)
Copy of any email or text correspondence about the matter
No two court cases are identical and that goes for eviction cases as well! If the judge asks you for paperwork, you want to have exactly what he is asking for or more. BE PREPARED, BE ON TIME, AND BE POLITE.
First off, if your nervous, don’t worry. We’ve all been there at one point or another! Bring all of the documents outline in our Step 5: What to Bring to Eviction Court video. If you haven’t checked out that video- make sure to take a look so you can be as prepared as possible!
Make sure to remember the simple things first. Bring your paperwork, be prepared, be respectful, etc. Show up to court early- the latest you should be is on-time. Leave yourself enough time to park, make it through any type of security systems, and locate the correct courtroom. In addition, don’t forget simple things like turning your phone on silent, removing your hat, and anything else that may distract you or others. Give yourself the best chance to win the court case.
Once your case is called, you will need to swear in by placing your left hand on the Bible, raising your right hand and agree to tell the whole truth and nothing but the truth. When asked, explain to the judge the situation. Provide any paperwork they may ask for- which is why it is SO important to be prepared!! DO NOT SPEAK OUT OF TURN!
Odds are if you followed the proper steps above and below, then you likely won the case:
Had a valid reason to want to evict a tenant
Filed the eviction correctly
Followed the legal steps of noticing the tenant of the violation and gave appropriate amounts of time to remedy the situation
Came to court on time, prepared, and respectful
From the day of court, the tenant typically has ten business days to either vacate the property or appeal the case. Majority of the time we have found that the tenants vacate the premises. If the lease violation was unpaid rent, the situation is a little bit different. If the only violation is the unpaid rent payment and the tenant can come up with the full rent amount in the ten business days AND you, the landlord, accept the rent payment, the eviction is null and void. (The ten business days starts the day after court.) If you, the landlord, do not want to accept the rent and you have had enough, you do not have to accept the payment and the tenant must still vacate the property.
If you do not accept the payment, you are legally allowed to go to the sheriff’s department and schedule a writ of possession.
This is the final and last step of the eviction process. You have been to court, either you were granted a money order, a possession of the property, or both and now you are wondering what is next. In addition, you have waited your ten business days after court. You are now seeking legal access to the property. If there was a violation of rent due to late payment, you did not accept the full payment of rent because you were looking to gain legal access to your property. Whether the tenant has moved out or not, we still like to schedule a legal writ of possession. This includes going to the sheriff’s department and scheduling a time for an officer to meet you at the property to change the locks on the property. Regardless of if you received the keys back or not, it is always a good idea to change the locks. You never know what kind of extra keys are laying around whether it be a neighbor, family member, etc. The goal is to ensure the tenant no longer has access to the property. The Sherriff’s deputy that meets you will verify the locks are changed and the property is secure. The deputy will also let you know at that time what your next steps should be. There are only two options at this point:
You now have complete control of the property and can begin immediately preparing it for the next tenant
You may have to allow a period of time (7-10) days for the tenant to schedule an appointment with you to remove their personal belongings.