In North Carolina, the law does not allow a landlord to evict a tenant simply for failure to pay rent without going through the correct legal process. The landlord cannot change locks or otherwise impede the tenant’s ability to enter the premises, and also cannot turn off the tenant’s power or other utilities. In order for the landlord to evict the tenant, the landlord must obtain a court order through a process called “summary ejectment.”
The landlord cannot evict a tenant in retaliation for certain protected actions. These protected actions include:
Complaints made to the landlord, his employee, or his agent about conditions or defects in the premises that the landlord is obligated to repair;
Complaints to a government agency about a landlord’s alleged violation of any health or safety laws;
Attempts to exercise rights described in the lease in state or federal law; and
Attempts to become involved with any tenants’ rights groups. If the tenant has undertaken any of these actions in good faith and in the six months before the eviction proceeding, the tenant should bring this to the court’s attention.
Contact Song Law if you need assistance with an eviction and we will make the proceeding as simple as possible.