Summary Ejection

Eviction proceedings in small claims court in North Carolina are called summary ejections. There are four reasons that a landlord can request summary ejectment of a tenant.

Failure to Pay Rent

If a tenant fails to pay the rent, they may be subject to eviction under North Carolina law. Specifically, a tenant has ten days to pay after receiving a demand from the landlord.[1]

Holdover After Lease Expiry

Filing for summary ejectment based on holdover can be tricky. Essentially, holdover occurs when a tenant continues to stay on the property after their lease has ended. Once the landlord informs the tenant that they are on the property without permission, the tenant must leave or face eviction through summary ejectment. However, there are strict rules involving providing notice and the exchange of money.

Other Breach of Lease

Aside from not paying the rent, there are other ways for a tenant to breach their rental agreement. The lease should be reviewed carefully before signing but also at any point when either party is unsure whether an action is allowed. Leases may be breached if a tenant does anything that is expressly prohibited. Some common examples include:

Getting a cat or dog when the agreement says no pets
Making unauthorized improvements or changes, like painting or adding tile
Bringing in a new roommate without approval

Criminal Activity

North Carolina law also allows landlords to evict tenants who have engaged in certain criminal activity even before they have been convicted of a crime, including when:

Criminal activity occurred on the rental property
The property was used to promote criminal activity
A tenant invited a barred person onto the property
The police were not notified of a barred person’s return to the property[2]

Process for Summary Ejectment

Once one of the above criteria is met, the landlord may file a complaint for summary ejectment. The court clerk processes and accepts the complaint for summary ejectment, then a trial date will be set within seven business days. The case will go before a magistrate in small claims court. In most cases, the court will issue its judgment in the courtroom, but there is the option to reserve judgment in select cases.

Even matters that seem straightforward can benefit from the expertise of an attorney. There are no guarantees in the court of law. The knowledge and experience of the legal team at Ley Law can be a benefit to your summary ejectment case. Contact us at 252-612-0007 to schedule your consultation.

[1] NC General Statutes §42-3. https://www.ncleg.gov/enactedlegislation/statutes/pdf/bysection/chapter_42/gs_42-3.pdf

[2] NC General Statutes §42-63. https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/ByArticle/Chapter_42/Article_7.pdf