Landlord-Tenant FAQs

There are four main categories of breach by a tenant that will give the landlord standing to evict a tenant. The first category of breach is if the tenant fails to pay rent. The second category is when the landlord and tenant have agreed to a certain lease time frame and the tenant continues to stay in the property after the lease has ended. The third category of breach is when the tenant breaches a provision of the lease which, upon being breached, specifically allows the landlord to repossess the property from the tenant. Finally, the fourth category of breach occurs when the tenant engages in certain kinds of criminal activity. If any of these categories of breach occur, a landlord can try and evict a tenant.

Yes. The state of North Carolina requires that all eviction procedures take place through the judicial system. A landlord is not allowed to evict, remove, or force a tenant out of the property without a Judge’s Order.

After the initial eviction hearing, all parties are afforded 10 days from the decision date to file an appeal. These appeals are heard by a District Court Judge. This judgment could be exactly what the original eviction order provided, or something completely different.