Evictions

1. You must first give the tenant notice to move out of your property. This notice may be written or verbal. For most non-payment of rent cases, you must give 10 days’ advance notice to vacate the property.

2. The landlord should 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 the 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. Once issued by the clerk, you will need to bring the writ of possession for real property to the Ashe County Sheriff’s Office. The Sheriff’s office will give the tenant notice to move out.

7. If the tenant is not out by the scheduled date and time of the eviction, 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 tenant’s property for another up to 7 days and make arrangements for the tenant to get their property. After 7 days have passed, and the landlord has made a reasonable effort to allow the tenant to get their property, the landlord may throw away, dispose of, or sell the property. In accordance with N.C.G.S 42-25.6 through 42-25.9, N.C.G.S. 42-36.2, N.C.G.S. 44A-2, or N.C.G.S 28A-25-7.

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)