Eviction & Landlord-Tenant Lawyer — Harnett & Wake Counties

Eviction cases in North Carolina have short deadlines. Landlords must follow the legal process to regain possession, and tenants need to respond to court papers promptly. The Law Offices of Wunsch and Cruz represents landlords and tenants in Harnett and Wake counties.

The eviction process

For non-payment of rent, the landlord must first give written notice and allow the statutory period before filing. Under G.S. 42-3, that notice period is ten days for non-payment unless the lease sets a longer one, and the notice must state the amount owed.

The landlord then files a complaint in summary ejectment, the tenant is served with a summons, and a hearing is scheduled in District Court, usually within a short window. If the court rules for the landlord, a judgment for possession is entered and the tenant can appeal within the statutory period. An appeal does not automatically stay removal, and a writ of possession can follow.

The governing chapter is Chapter 42. It covers the notice requirements, the hearing, the appeal and the security deposit.

Common issues in eviction cases

• Notice requirements. An incorrect amount, notice period or method of service can prevent a case from proceeding.
• Disputed rent payments. Receipts, bank records and money-order stubs can help establish whether rent was paid. Payments into the court registry may also be relevant.
• Repair problems. A tenant may have a defense where repairs were requested and refused. Written requests and photographs can help document the problem.
• Retaliation and discrimination. Relevant evidence includes the timing of the landlord’s actions.

If you are the tenant

Read the summons and note the hearing date. Ignoring it can lead to a judgment for possession and removal from the property. Ask about the appeal deadline and what you would need to do to remain in the property during an appeal.

If you are the landlord

Before filing, verify the amount claimed, the dates and the names on the lease. Check that the notice and complaint are accurate and that you have proof of service. If the tenant has moved out, security deposit accounting has separate statutory requirements and deadlines.

Deposits and move-out disputes

Security deposit disputes are handled separately from possession. The landlord must account for the deposit within the statutory period and may keep only amounts reasonably necessary for damage beyond ordinary wear. Photographs, a move-in checklist and a written itemization can help document the condition of the property and explain any deductions.

What to bring to the first meeting

• The lease and any renewals or amendments.
• All notices served by either side.
• The summons and complaint, with the hearing date.
• Payment records, ledgers, receipts or bank statements.
• Photographs and written repair requests, if conditions are in dispute.

Talk with the firm

To discuss an eviction, a notice that has been served or a deposit dispute in Harnett or Wake County, contact the firm or call our Lillington office at (910) 814-8777. For Fuquay-Varina appointments, contact our Fuquay-Varina office. Our civil law page describes other civil matters we handle.