How To File An Eviction In Asheville – Whiteboard Wednesday #17

Photographed by Oscar Molina
Buncombe County Courthouse

How To File An Eviction In Asheville

It’s never fun to file an eviction – there’s usually been a breakdown in communication between landlord and tenant, and emotions can run high.  The tenant often doesn’t wish to leave, and, in most cases, the landlord would have preferred to avoid the eviction as well. If you do have to file an eviction in Asheville, it’s important to have your ducks in a row and know exactly what process you need to follow in order to ensure that the process runs as smoothly as possible.  Perhaps the most critical thing is to know what steps you need to take, what forms you need to file, and when – here’s a quick guide on how to file an eviction in Asheville for tenants on a year-long lease in North Carolina:

  1. If a tenant is late paying rent (that is, you haven’t received payment by the end of the allowed grace-period), you will need to post a 10-day notice with a time-stamp, making sure that you do so in a way that the tenant will see.  Often, it can be useful to communicate the notice in multiple ways – by posting a physical copy on the door as well as sending an email, for example. This ensures that the tenant will see the notice, and that you can provide proof of having posted it at a given date and time.
  2. After the 10-day notice has passed, if you have not received both rent and a late fee you may file a Complaint for Summary Ejectment at your local courthouse.  This form can be found online, and should also be available at the courthouse.
  3. You will need to file for a Magistrate Summons, the form for which will also be available at the courthouse, to be served to the tenant.
  4. You will also need to file an affidavit of the tenant’s active-duty military status or lack thereof, per requirements of the Servicemembers Civil Relief Act.  If your tenant is active-duty military, this does not necessarily preclude you from being able to evict them, but it does mean that certain requirements may need to be satisfied first.

While an eviction can be a stressful and unpleasant experience, by preparing and ensuring that you have followed the necessary steps and filed the appropriate paperwork you can make the process as smooth as possible.  If you’d like to learn mor, feel free to contact Asheville Cash Buyers at AshevilleCashBuyers.com or at 828-222-6443!

 

 

 

 

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