Understanding the Eviction Process

A Guide for Owners and Tenants

Our comprehensive Eviction FAQ guide provides essential information to help demystify the eviction process in North Carolina and South Carolina.

Whether you’re an owner seeking to understand the timeline and costs associated with evicting a tenant, or a tenant wanting to know your rights and responsibilities in an eviction situation, our guide offers clear and concise answers to your most pressing questions.

Eviction FAQ For Owners

When Are Eviction Papers Filed?

Eviction papers are filed on the 16th of every month for tenants with an outstanding balance of $200 or more.

What Is The Tenant Eviction Time Frame?

The time frame varies by state. In North Carolina, hearings typically occur in the first week of the following month, and tenants have ten days post-hearing to act. In South Carolina, a non-response within ten days post notification grants possession to the owner.

What If Tenants Don’t Pay Or Move Out Post-Hearing?

In North Carolina, a Writ of Possession is filed on the 11th day post-hearing. Lockouts typically occur two weeks later, after which tenants have a 10-day window to remove personal belongings.

How Much Does the Eviction Cost?

Costs vary by county. Mecklenburg County charges $181 plus additional fees, and York County charges $80. Writ of Possession filing and lock changing incur additional costs. Tenants bear the costs related to eviction and belongings retrieval.

Will I Recoup The Money Owed?

Security deposits will be applied to outstanding balances. The remaining balances will be billed to the tenant, and unpaid accounts will be referred to a collection agency. Collection agency fees are deducted from the amounts collected.

What If The Collection Agency Cannot Collect The Debt?

The unpaid debt will be reported, affecting the tenant’s credit report and future rental or financing opportunities. Consult a tax advisor for potential debt write-off advice.

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Eviction FAQ For Tenants

When Are Eviction Papers Filed?

Eviction papers are filed on the 16th of every month for tenants with an outstanding rent balance.

How Long Does The Eviction Process Last?

The time frame varies by state. In North Carolina, hearings typically occur in the first week of the following month, with a 10-day post-hearing action period. In South Carolina, a non-response within ten days post notification grants possession to the owner.

What If I Don’t Pay Or Move Out Post-Hearing?

In North Carolina, lockouts typically occur two weeks after a Writ of Possession is filed on the 11th day post-hearing. You have a 7-day window to remove personal belongings post-lockout.

How Much Does Eviction Cost?

Costs vary by county, including additional Writ of Possession filing charges and lock changes. You are responsible for all associated fees.

What Happens If The Balance Is Not Paid?

Your security deposit will cover part of the outstanding balance. Remaining balances will be billed, and unpaid accounts will be referred to a collection agency, affecting your credit report.