Flagship Property Management here to answer all of your questions!
Quite often, we get lots of questions about evictions! Evictions can be tricky as a landlord if you don't know exactly what your rights are! Flagship Property Management has you covered with all of the steps to a successful eviction. You can learn all about the different steps to an eviction in our DIY Landlording section here! If you don't find the answers you are looking for in this blog or in the eviction series, just drop us a line or comment below and we are happy to help!
Question: What is a writ of possession?
Answer: Simple answer, the final step in an eviction process. To further explain, this is the step where you, the landlord or property manager, meet a deputy sheriff at the property on a scheduled date and time to officially change the locks and legally gain possession of the property. You will need to make sure that a locksmith, handyman, or yourself are present to be able to change or re-key the existing locks. The deputy will do a walk through and verify that the tenant or anyone else isn’t present and their personal belongings have been removed. Once the lock change is complete, they will post a “No Entrance” sign in clear sight. Unauthorized entrance by the tenant or anyone else at this point would be considered trespassing.
Question: What if the tenant hasn’t moved or they have a bunch of stuff still there?
Answer: Well, this is for the deputy sheriff to determine. Obviously, if they have moved nothing then you have to give them the legal amount of time to make an appointment with you or a representative to remove their belongings. The legal amount of time is 10 days in NC. During this time, it is advised to do nothing to the property or touch their personal belongings. After the 10 day period, you may do with it what you choose as long as the tenant hasn’t made any effort to schedule a time to get it.
Don't forget, the eviction process will vary a little bit depending on your location, you will always use the courthouse in the county the property resides, and last, but not least, we are NOT lawyers and we do recommend you consult your lawyer with legal questions!