Evictions

1. You must first give the tenant notice to move out of your property. This notice may be written or verbal. The minimum notice period is 10 days.

2. After 10 days has passed, go to the Clerk of Superior Court’s Office and file a complaint/summons. The clerk will have the Ashe County Sheriff’s Office serve the summons on the tenant. A court date will be set for Magistrates Court.

3. You will then have to appear at the court hearing.

4. After the court date, there is a 10 day appeal period.

5. After the appeal period is up, if the defendants have not vacated the property, you must then go back to the Clerk of Superior Court and take out a Writ of Possession for Real Property.

6. The Clerk will send the writ to the Ashe County Sheriff’s Office. They will give the tenant 7 days notice to move out.

7. If the tenant is not out on the 7th day, the Ashe County Sheriff’s Office will forcibly remove the tenant. If any property is left by the tenant the landlord can lock and secure the tenants property for another 10 days and make arrangements for the tenant to get their property. After 10 days have passed, and the landlord has made reasonable effort to allow the tenant to get their property, the landlord may throw away, dispose of, or sell the property.

To begin the eviction process please contact the Clerk of Court’s Office at 336-219-1400

You can visit the Clerk’s website (HERE)