Asked in Native American Law and Landlord - Tenant for North Carolina

Q: If I miss my rent bond what is the deadline for my landlord to file for writ of possession

I just want to know how many does after I miss rent bond do the landlord have to file writ of possession I was told if they don’t file the next day after I missed it then they have to wait till the whole case is over

1 Lawyer Answer
James L. Arrasmith
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  • Landlord Tenant Lawyer
  • Sacramento, CA

A: In North Carolina, after a tenant misses a rent payment, the landlord must first serve a demand for rent (if required by the lease) and then can file for eviction if the rent remains unpaid. The specific timeline for when a landlord can file for a writ of possession, which is the court order allowing the sheriff to physically remove a tenant and their belongings from the property, begins after the court has ruled in favor of the landlord in the eviction proceeding.

If you are referring to a "rent bond" in the context of an eviction appeal where you were required to pay rent into court as bond to stay the eviction while the appeal is pending, and you miss a payment, the landlord may immediately petition the court to proceed with eviction. The exact timing for when a landlord must act to enforce the writ of possession after a missed rent bond payment can vary based on the local court's rules and the specific circumstances of the case.

There is no rule in North Carolina that requires a landlord to file for the writ of possession the very next day after a missed payment; however, they generally act promptly to avoid further delays. It's important to communicate with your landlord and seek legal advice if you are in this situation to understand your rights and options.

Consulting with an attorney who specializes in landlord-tenant law can provide you with advice tailored to your situation and help you navigate the legal process.

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