🏛️ Courthouse Information and Locations for North Carolina
North Carolina Eviction Laws: Notice Requirements, Process, and Timelines
North Carolina handles evictions through District Court using “summary ejectment” proceedings governed by Chapter 42 of the North Carolina General Statutes. The state requires only 10 days’ notice for nonpayment of rent and has relatively landlord-friendly procedures compared to many states, though proper notice and filing are still essential. North Carolina requires landlords to provide written leases for most tenancies and has specific requirements for tenant remedies for landlord noncompliance. Below you’ll find everything landlords need to know.
North Carolina Eviction Laws
Comprehensive guide to North Carolina's eviction process, including notice requirements, timelines, court procedures, costs, tenant protections, and landlord rights. Cases are typically filed in Small Claims / Magistrate Court.
⚡ Quick Overview
💰 Nonpayment of Rent
Tenant can request a jury trial, which moves case from magistrate to district court and adds significant time. Notice must be properly served - posting alone may not be sufficient.
📋 Lease Violation
No cure period required for lease violations - landlord can file immediately if lease has been breached. However, tenant can still contest and request jury trial.
📬 Service of Process
Sheriff or process server handles summons. Notice to quit can be delivered by landlord personally or posted + mailed.
🏛️ Court & Legal Information
Court backlogs in Mecklenburg and Wake counties. Jury trial requests can add 30+ days. Continuances common in contested cases.
⚖️ Appeals & Post-Judgment
Sheriff executes writ of possession. Landlord may change locks after sheriff completes removal.
📦 Tenant Property & Abandonment
Landlord should inventory and store for reasonable period. No specific statutory timeline - best practice is 7-14 days with written notice to tenant.
🏦 Security Deposits
Must be held in trust account. Itemized damage list required within 30 days. Interim inspection notice allowed.
💵 Late Fees
$15 or 5% of monthly rent (whichever greater) is the safe harbor for residential. Fees over this may be challenged as penalties.
🛡️ Tenant Protections
State preempts local rent control ordinances
🏙️ Local Overrides & City-Specific Rules
Some municipalities have additional tenant notification requirements. Check local ordinances.
Underground Landlord📝 North Carolina Eviction Process (Overview)
- Serve the required notice based on the eviction reason (nonpayment or lease violation).
- Wait for the notice period to expire. If tenant cures the issue (where allowed), the process stops.
- File an eviction case with the Small Claims / Magistrate Court. Pay the filing fee (~$96).
- Tenant is served with a summons and has the opportunity to respond.
- Attend the court hearing and present your case.
- If you prevail, obtain a writ of possession from the court.
- Law enforcement executes the writ and removes the tenant if necessary.
🏛️ Courthouse Information and Locations for North Carolina
📊 Data Confidence
ℹ️ Filing fees are approximate and may change - verify with local court clerk before filing | ℹ️ Eviction timelines are estimates - actual duration varies by county caseload, tenant response, and case complexity
Underground Landlord
Disclaimer: This is general educational information, not legal advice. Consult a qualified North Carolina attorney for specific legal guidance.
Governing Law and Court System
North Carolina evictions are governed by Chapter 42 of the North Carolina General Statutes (NCGS), with Article 3 covering standard summary ejectment and Article 7 covering expedited eviction for criminal activity.
Courts:
- Small Claims (Magistrate) Court: Most eviction cases where damages sought don’t exceed $10,000
- District Court: Cases exceeding $10,000, expedited criminal activity cases, or appeals
Filing fees:
- Magistrate Court: Approximately $96
- District Court: Approximately $150
- Sheriff’s service fee: Approximately $30
Self-help evictions are strictly prohibited. Landlords cannot change locks, shut off utilities, or remove tenant belongings without a court order. Violations can result in civil liability, lawsuits, and damages to the tenant.
Legal Grounds for Eviction
North Carolina landlords may evict for:
- Nonpayment of rent
- Breach of lease terms (with forfeiture clause)
- Holding over after lease expiration
- Criminal activity (expedited process under Article 7)
- Termination of periodic tenancy
Critical Distinction: Leases With vs. Without Forfeiture Clause
North Carolina eviction notice requirements depend significantly on whether the lease contains a “forfeiture clause” (also called “right of re-entry” clause):
A forfeiture clause example: “In the event that Tenant fails to pay rent by the first day of the month or breaks any other rules in this lease, Landlord has the right to immediately terminate the lease and reenter the property.”
- Written lease WITH forfeiture clause: Landlord can proceed with eviction without the 10-day notice—the lease terms control
- Oral lease or written lease WITHOUT forfeiture clause: 10-day notice is required under NCGS § 42-3
Common mistake: Checking the “10-day notice given” box on the court form when using a lease with a forfeiture clause. This inadvertently waives the landlord’s right to immediate termination and gives the tenant a cure right they wouldn’t otherwise have.
Notice Requirements by Violation Type
Nonpayment of Rent: 10-Day Notice to Pay or Quit
When a tenant fails to pay rent and the lease doesn’t have a forfeiture clause:
- Serve 10-Day Demand for Rent (or “10-Day Notice to Pay or Quit”)
- North Carolina has a 5-day grace period before late fees can be charged (but notice period begins when rent is due)
- If tenant pays full rent owed within 10 days, eviction stops
- If not paid after 10 days, landlord can file Complaint in Summary Ejectment
Lease with forfeiture clause: No 10-day notice required for nonpayment—landlord can file immediately after rent is late (after any grace period in the lease).
Lease Violations: Demand for Surrender
For breach of other lease terms (unauthorized occupants, pets, property damage, etc.):
- Lease must contain a forfeiture clause
- Landlord must demand surrender of possession before filing (NCGS § 42-26(a))
- No specific cure period is mandated for most violations
- Notice must describe the specific violation
Termination of Periodic Tenancies
To end a tenancy without a lease violation:
- Week-to-week: 2 days’ notice
- Month-to-month: 7 days’ notice
- Year-to-year: 30 days’ notice (one month before end of year)
Holdover After Lease Expiration
If a tenant stays after the lease expires without landlord consent:
- Landlord can proceed with Summary Ejectment
- Important: Do not accept rent after the lease expires, or a new periodic tenancy may be created
Criminal Activity: Expedited Eviction (Article 7)
For drug trafficking and other serious criminal activity (NCGS § 42-59 through 42-76):
- Filed in District Court
- Hearing within 30 days of service (expedited)
- Court may order immediate eviction
- No 5-day notice period before writ execution
- Includes: drug manufacturing/distribution, illegal weapons, serious assault, using premises for illegal purposes
Service of Notice
Notices can be delivered by:
- Personal delivery to the tenant
- Leaving with a person of suitable age at the property
- Posting on the property and mailing by first-class mail
Keep proof of service for court.
Filing the Summary Ejectment Complaint
After notice expires (or immediately for forfeiture clause leases), file a Complaint in Summary Ejectment (Form AOC-CVM-201) in the county where the property is located.
Required documents:
- Complaint in Summary Ejectment form
- Copy of the lease
- Copy of any notices served
- Proof of service
- Rent ledger (for nonpayment cases)
- Filing fee payment
The clerk issues a Magistrate Summons requiring the tenant to appear.
Service of Summons and Complaint
The summons and complaint must be served on the tenant by:
- Sheriff’s deputy
- Certified or registered mail, return receipt requested
- Leaving with someone of suitable age at the property
- Posting on the property (if other methods fail)
Tenant must be served at least 2 days before the hearing. (NCGS § 42-29)
The Court Hearing
Under NCGS § 42-28, the hearing must occur within 7 days of the summons being issued (excluding weekends and holidays).
Continuances: May be granted for good cause, but not more than 5 days unless both parties agree.
At the hearing:
- Landlord must prove grounds for eviction and proper notice
- Tenant may present defenses
- If tenant fails to appear, landlord can obtain default judgment
- Magistrate announces decision in court and signs written order
For nonpayment cases: Immediate judgment can be entered if landlord proves case by preponderance of evidence, tenant admits allegations, or tenant fails to appear.
Appeal Process
Either party has 10 days to appeal to District Court after the magistrate’s decision. (NCGS § 42-34)
Critical rule: The landlord cannot remove the tenant until the 10-day appeal period expires, whether or not the tenant actually appeals.
Tenant’s appeal requirements:
- File appeal within 10 days
- Pay appeal fee ($150) or file Petition to Proceed as Indigent
- Pay all back rent to the Clerk of Superior Court
- Sign written agreement to continue paying rent monthly (within 5 business days of due date) during appeal
- Failure to pay rent during appeal can result in eviction even before appeal is heard
If tenant’s appeal is without merit, landlord is entitled to back rent and all assessed damages. (NCGS § 42-32)
Writ of Possession
After the 10-day appeal period (or after appeal is resolved), if the landlord won:
- Landlord requests Writ of Possession from the court clerk
- Sheriff serves writ on tenant
- Tenant has 5 days to vacate (NCGS § 42-36.2)
- If tenant doesn’t leave, sheriff returns to forcibly remove tenant and restore possession to landlord
Exception: For expedited criminal activity evictions under Article 7, the sheriff removes the tenant immediately—no 5-day waiting period.
Tenant’s Personal Property
North Carolina has specific requirements for handling tenant belongings after eviction (NCGS § 42-36.2):
Notice requirement: Landlord must notify tenant in writing about storage of belongings:
- Deliver written notice at least 2 days before writ is served, OR
- Leave copy at dwelling in same time period, OR
- Mail by first-class mail at least 5 days before writ is served
Storage period:
- Landlord must store belongings for 7 days
- Cannot throw away or sell items during this period
- After 7 days, landlord may dispose of property
- All costs of storage can be charged to tenant as lien against property
Sheriff’s role: Sheriff typically removes tenant’s property unless landlord signs statement allowing it to remain (sheriff will then lock premises). Landlord must advance cost of delivery plus one month’s storage if sheriff moves property to warehouse.
Tenant Defenses
- Improper notice: Wrong notice type, insufficient time, or improper service
- No forfeiture clause: Landlord failed to give 10-day notice when required
- No demand for surrender: Landlord failed to demand tenant leave before filing (NCGS § 42-26(a))
- Retaliatory eviction: Eviction in response to tenant exercising legal rights (NCGS § 42-37.1)
- Payment: Tenant paid all rent owed
- Habitability: Landlord failed to maintain premises
- Waiver: Landlord accepted rent after breach
Retaliatory Eviction Protection
Under NCGS § 42-37.1, landlords cannot evict tenants in retaliation for:
- Complaining to government about code violations
- Exercising legal rights under the lease
- Joining or organizing a tenant organization
Typical Timeline
- Notice period: 0-10 days (depending on lease and violation)
- Filing to hearing: 7-14 days
- Appeal period: 10 days
- Writ of Possession to removal: 5 days
- Total (uncontested): 3-6 weeks
- Contested with appeal: 2-3+ months
- Expedited (criminal activity): 30 days to hearing, immediate removal
Best Practices for North Carolina Landlords
- Include a clear forfeiture clause in all leases
- Know whether your lease requires 10-day notice or allows immediate action
- Don’t check “10-day notice given” on court forms if using forfeiture clause
- Always make a demand for surrender before filing for lease violations
- Document all violations with photos, dates, and written records
- Don’t accept rent after lease expires if you want to evict holdover tenant
- File in Small Claims unless damages exceed $10,000
- Serve summons at least 2 days before hearing
- Wait full 10-day appeal period before requesting Writ of Possession
- Provide proper written notice about tenant property storage
- Never attempt self-help eviction
Quick Reference: North Carolina Eviction Rules
- Nonpayment (no forfeiture clause): 10-day notice
- Nonpayment (with forfeiture clause): No notice required
- Lease violations: Demand for surrender required
- Week-to-week termination: 2 days’ notice
- Month-to-month termination: 7 days’ notice
- Year-to-year termination: 30 days’ notice
- Grace period for late fees: 5 days
- Hearing: Within 7 days of summons (excluding weekends/holidays)
- Service before hearing: At least 2 days
- Continuance limit: 5 days (unless both agree)
- Appeal period: 10 days
- Writ of Possession execution: 5 days
- Criminal activity hearing: Within 30 days (expedited)
- Property storage: 7 days minimum
- Filing fees: ~$96 (Magistrate), ~$150 (District)
- Governing law: NCGS Chapter 42
Bottom line: North Carolina’s eviction process is relatively efficient, but success depends heavily on understanding the forfeiture clause distinction and following proper notice procedures. Leases with forfeiture clauses allow faster action, while oral leases or leases without such clauses require the 10-day notice. The mandatory 10-day appeal waiting period applies regardless of whether tenant actually appeals. Expedited eviction is available for criminal activity under Article 7. Never attempt self-help eviction—only the sheriff can execute a Writ of Possession.