Eviction Filing In Brunswick County Court

To file for eviction in Brunswick County Court, North Carolina, you must first find out the procedures and guidelines for the courts in that county. You can find the Brunswick County Local Rules and Forms online, which will outline the steps you need to take. The Brunswick County Courthouse website also has contact information for reaching your Clerk of Court and other representatives who can help you with your specific case.

Grounds for eviction

In Brunswick County Court, a landlord can only evict a tenant for reasons permitted by the Anti-Eviction Act. A landlord cannot legally evict a tenant without cause. Here are some common grounds for eviction:

• Non-payment of rent: If a tenant fails to pay rent, the landlord can serve them with a Notice to Vacate, giving them a certain number of days to pay the rent owed or move out. If the tenant does not pay the rent or vacate the property by the specified date, the landlord can proceed with the eviction process.
• Violation of the lease terms: If a tenant violates any terms of the lease agreement, the landlord must first issue a Notice to Cease, informing the tenant that they need to resolve the violation. If the tenant fails to comply, the landlord can then present them with a Notice to Quit, stating the number of days they have to vacate the property before being evicted by the court.
• Disorderly conduct: Landlords can evict tenants who engage in disorderly conduct that disturbs the peace and quiet of other tenants or the rental property's neighbourhood. The landlord must first issue a Notice to Cease, and if the tenant does not stop the disorderly behaviour, they can be served with a Notice to Quit.
• Health and safety violations: If the rental property fails to meet health, building, safety, and housing code requirements, the landlord may need to evict the tenant to address the issues. In some cases, the landlord may be required to give the tenant a Notice to Quit, allowing them a certain period to vacate the property.
• Illegal activity: If a tenant engages in illegal behaviour, such as drug convictions, offences, or violent crimes on the property, the landlord can evict them. In such cases, the landlord must provide the tenant with a written notice, typically a 3-Day Notice to Quit.
• End of lease: If a fixed-term lease has ended and the tenant has not moved out, the landlord can evict them. However, it is important to note that the landlord must provide proper notice and follow the correct procedures.
• Refusal to accept reasonable lease changes: If the lease agreement is renewed and the tenant refuses to accept reasonable changes, the landlord can provide them with a Notice to Quit, typically giving them a month to vacate the property.
• Major property damage: In cases of significant property damage, tenants are usually not allowed to renew their lease. Landlords must give tenants a notice period, typically at least 3 days, to vacate the property before the eviction process can begin.
• Non-renewal of the lease: If the tenant's lease period ends and they do not have the right to renew or extend their tenancy, the landlord can issue a written notice to vacate.

It is important to note that the eviction process and specific notices required may vary depending on the court and the lease agreement between the landlord and tenant.

Notices and timeframes

The first step in the eviction process is to provide the tenant with a clear, written eviction notice. The number of days associated with the eviction notice will depend on the reason for eviction.

If the tenant has not paid rent, the landlord must give them a three-day notice to pay the outstanding amount or vacate the property. If the tenant violates the terms of the lease (other than non-payment of rent), the landlord must give a seven-day notice to cure. This notice should specify the nature of the violation and inform the tenant that they have seven days to correct the issue or vacate the premises.

If there are repeated violations or serious misconduct, such as destroying property or posing a threat to public safety, the landlord can issue a seven-day unconditional quit notice, which demands that the tenant vacate without an option to cure the violation.

For a month-to-month tenancy, if the landlord wishes not to renew, they must give a 30-day notice before the end of any monthly period. To end a yearly lease, a total of three months' notice must be given.

In the case of non-payment of rent, the landlord can issue a 15-day Notice to Vacate the premises. If the tenant pays the rent that is due within seven days of receiving the notification, it is no longer valid. If the tenant refuses to leave or pay the rent, the landlord can request an Eviction Order. If the tenant fails to pay rent a second time, the landlord can issue a Final Notice to Vacate, followed by an eviction request regardless of whether rent is paid.

If the tenant does not leave on the date specified in the Notice to Vacate issued by the landlord for non-payment of rent, or if they do not leave on the date specified in a Notice to Quit issued by a Rentalsman for breach of lease, the landlord can proceed with the eviction process.

The process to evict someone in New Brunswick usually takes anywhere from three to six days to complete.

Filing a complaint

To file an eviction complaint, enough time must have passed from the issuance of the appropriate written eviction notice. The landlord must allow for enough notice time before attempting to evict a tenant.

The eviction process is as follows:

The landlord must go to court. This justice court will depend on where the rental unit or property is located.

A complaint must be filed bearing the correct information and details such as the tenant’s failure to pay rent. Some courts require the tenant’s history of rent payments.

The landlord must pay the fees. This will vary from court to court.

It takes about 3 days to 3 years from the issuance of the Notice to Pay/Quit to begin filing to evict a tenant. This depends on the reason for eviction.

For example, if the tenant is scheduled to pay rent every week, the landlord must give a 7-Day Notice to Quit. If the tenant is scheduled to pay rent every month, the landlord must give a 30-Day Notice to Quit. If the tenant's lease is renewed every year, the landlord must give a 90-Day Notice to Quit.

Before filing for an eviction with the court, the landlord needs to issue the tenant a notice to comply. The landlord can either download the free PDF or Word template, or create their own New Jersey eviction notice using a step-by-step wizard that guides them through the entire process to make sure they are submitting the legally correct notice.

Serving the Tenant

An official from the court delivers the court order, also known as the Summons and Complaint. This official is usually a Special Civil Part Officer. Otherwise, the court may decide to appoint a process server.

There are several methods available for the appointed Special Civil Part Officer or process server to deliver the documents:

• Personal Service: The court official delivers the Summons and Complaint to the tenant in person.
• Substituted Service: If the tenant is unavailable, a copy of the documents may be left with anyone living with the tenant above the age of 14.
• Posting: A copy of the documents is posted outside the rental property. It is placed in a secure and visible position by the entrance of the tenant’s rented property.
• Mailing: The court official mails the documents via certified mail and regular mail.

Court hearing and judgment

The eviction hearing will be held 10 to 30 days after the date the summons is issued by the court. If the tenant fails to appear for the hearing, the judge may rule in favour of the landlord by default, meaning the tenant will have to move out. If the landlord fails to appear, the case will be dismissed.

For non-payment of rent, tenants can pay the full amount of rent owed within 3 days of the date the judgment is issued in favour of the landlord to avoid eviction. Even if the judge rules in favour of the landlord, as long as the tenants pay all past-due rent in full, landlords are required to accept the payment and stop the eviction process.

If the judge rules in favour of the landlord, a warrant for removal will be issued, and the eviction process will continue. The eviction hearing must be held at least 10 days but no more than 30 days after the date the summons was issued by the court.

Tenants can request an "orderly removal", which would automatically give them 7 days to move out if granted by the judge, or they may request a "hardship stay" for up to 6 months. The tenant may only apply if all late payments are made to the landlord.

Tenants have 3 days to move out of the rental unit once the warrant for removal has been issued. If the court grants a stay of execution or an "orderly removal", this will add more time to the process.

Before the sheriff or constable enforces the order and removes the tenant, the tenant can file documents with the court to:

• Ask the judge to "stay" (delay) the eviction (for up to 10 days) to allow the tenant additional time to leave the property.
• Ask the judge to "set aside" (cancel or do away with) the eviction order based on some legal reason why the eviction should not have been granted.
• Appeal the eviction order to the district court.

Warrant for removal

The Warrant for Removal is the final step in the eviction process. It is issued by the court and gives the tenant a deadline to vacate the rental unit. The tenant is also given the opportunity to remove their belongings before the designated law enforcement officers forcibly remove them from the property.

In Brunswick County, the Sheriff's Office Civil and Warrant Division is responsible for serving and executing all legal processes generated by the court system, including evictions.

The landlord must obtain a judgement for possession from the court before an officer can evict a tenant. The Warrant for Removal will be issued within 3 days of the ruling in favour of the landlord.

The tenant has 3 days to move out of the rental unit once the Warrant for Removal has been issued. If the court grants a stay of execution or an "orderly removal", this will add more time to the process.

Frequently asked questions