Can my landlord evict me without a court order?

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Can my landlord evict me without a court order?

My landlord handed me an eviction notice and is threatening to have me arrested for tresspassing because I have not moved out. I have not been served an notice from a judge.

Asked on August 5, 2012 under Real Estate Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

No, a landlord may not evict you him- or herself. Tenants may only be evicted by the courts, and should not be arrested for trespassing. Furthermore, if you have a written lease for a definite time (e.g. a 12 month lease), you can only be evicted for good cause, such as nonpayment of rent, destruction of landlord property, violating lease terms, disturbing the peace of other residents, or habitually paying rent late. If you have a written month-to-month lease or an oral (verbal) lease, you may be evicted as the above, or on thirty days notice terminating your tenancy.


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