After the Storm: Summary Ejectment and Assistance Programs in North Carolina

<p>Hurricane Helene caused historic flooding in Western North Carolina, destroying or damaging approximately 126,000 residential properties. Many of those properties were occupied by tenants who now find themselves in unfit or uninhabitable properties. The owners of affected rental properties face the difficulty and expense of either rebuilding or making major repairs to return the properties to a fit and habitable condition. In addition to housing issues, many tenants have been left unemployed either temporarily or permanently due to damage or destruction of businesses. Loss of employment leads to difficulty paying rent which in turn affects the landlord’s ability to pay the mortgage. This cycle sometimes results in actions for “summary ejectment,” the legal term for “eviction” in North Carolina. This post will explore key issues in summary ejectment in the aftermath of a natural disaster and potential sources of assistance.</p> Summary Ejectment Basics <p>Summary ejectment is the two-step judicial process by which a landlord retakes possession of rental property from a tenant who fails to vacate the property or violates the lease. The first step involves the landlord obtaining a judgment for possession of the rental property in an action for summary ejectment. The second step involves the landlord applying to the clerk of court for a writ of possession authorizing the sheriff to remove the tenant and other occupants from the subject property. There are four grounds for summary ejectment in North Carolina: (1) holding over after the expiration of the term, or when a tenant stays in the rental property after the [...]</p>