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Raleigh Summary Ejectment Attorney | Wake County Eviction Lawyer

North Carolina residential landlords are not entitled to use “self-help” to evict problem tenants. The proper procedures must be followed and this includes the filing of a “Complaint in Summary Ejectment.” The Summary Ejectment procedure typically takes anywhere from thirty (30) to forty-five (45) days but can take much longer if appealed. The Raleigh civil litigation attorneys of Maginnis Law are available to assist you with your Wake County Summary Ejectment action and may be reached at 919.480.8526. The firm may also be email via our contact page.

Pursuant to N.C.G.S. § 42-26, a landlord may only use the Summary Ejectment proceeding in three situations:

(1) When a tenant in possession of real estate holds over after his term has expired;

(2) When the tenant or lessee, or other person under him, has done or failed to do some act which, per the express terms of the lease, permits the landlord to evict; and

(3) When the tenant is in arrears for rent.

There are also provisions of Chapter 42 which permit the expedited eviction of tenants engaged in criminal activity.

The Summary Ejectment procedure begins with the landlord obtaining a Magistrate Summons and filing a form AOC-CVM-201 (Complaint in Summary Ejectment). The Summons and Complaint must then be provided to the county sheriff who will serve the documents on the tenant. The summons will state the date and time of trial. The tenant may appear either personally, or through an attorney, and present any defenses to which he or she is entitled. The landlord may present evidence of back rent and recover a money judgment if appropriate.

Following the trial, either party may appeal to the District Court division within ten (10) days. If the tenant has lost and appeals, he or she may maintain possession of the property only if rent is paid into the Clerk of Court. Any past due rent, as adjudged by the Magistrate, must also be paid to the Clerk of Court for the tenant to stay in possession. The tenant may also choose to just appeal the money judgment but not the possession judgment, in which case he or she need not pay anything into the Clerk of Court. If the tenant does not appeal, the landlord may then obtain a Writ of Possession. The Writ entitles the landlord to have the county sheriff remove the tenant and his or her personal property.

The Raleigh civil litigation attorneys of Maginnis Law are available to assist you with obtaining ejectment of tenants, when necessary. Our firm currently only handles evictions in Wake and Durham Counties. To speak with one of our Summary Ejectment lawyers regarding a case in Raleigh, Cary, Apex, Morrisville, or Wake Forest, contact the firm at 919.480.8526 or send a confidential email via our contact page.