North Carolina Eviction Process: Laws for Landlords & Property Managers in 2025

Evictions in North Carolina, legally referred to as Summary Ejectment, follow specific legal procedures outlined in N.C. General Statutes Chapter 42. Whether you're a landlord in Charlotte, Raleigh, or a smaller town, understanding the nuances of North Carolina eviction laws is essential to managing the eviction process effectively and lawfully.

This guide provides a comprehensive, localized overview of the eviction process, offering actionable insights to help landlords and property owners navigate every step.

Overview of the North Carolina Eviction Process

The eviction process in North Carolina involves five key steps:

1. Issue a Notice to the Tenant: Notify the tenant of the eviction reason and allow time for resolution or vacating.
2. File a Complaint in Summary Ejectment: Submit the necessary forms to your county’s courthouse to initiate legal proceedings.
3. Serve the Tenant: Deliver the Summons and Complaint using authorized methods like sheriff service.
4. Attend the Court Hearing: Present your evidence and await the court’s decision.
5. Obtain a Writ of Possession: Legally regain possession of the property after the court rules in your favor.

North Carolina-Specific Eviction Laws

North Carolina's eviction laws are designed to balance the rights and responsibilities of both landlords and tenants. Understanding these laws is critical to ensuring that eviction proceedings are carried out legally and effectively. Below are key aspects of North Carolina eviction laws, including notice requirements and prohibited actions landlords must be aware of.

Notice Requirements

In North Carolina, the type of notice a landlord must provide depends on the reason for eviction:

• Nonpayment of Rent: A 10-day Notice to Pay or Quit is required under N.C. Gen. Stat. § 42-3. If the tenant pays overdue rent within this period, the eviction process stops.
• Lease Violations: North Carolina law does not mandate notice for lease violations. However, issuing a Notice to Cure is a best practice to reduce disputes.
• Illegal Activities: Immediate eviction is allowed under N.C. Gen. Stat. § 42-63 in cases involving criminal activity. Examples include:
  • Criminal activity occurring on or near the premises.
  • Using the rental unit to promote criminal activity.
  • Allowing barred individuals to return to the premises.
  • Failing to notify the landlord or law enforcement about the return of barred individuals.
  • The court may issue conditional eviction orders if household members or guests engage in illegal behavior.
• Tenant-Caused Violations: If housing code violations are caused by the tenant’s willful or negligent actions.
• Major Repairs or Demolition: When compliance with building codes requires significant remodeling, demolition, or displacing the tenant.
• Personal or Other Legitimate Use: If the landlord seeks possession of the property in good faith for personal use, significant renovations, or to remove the property from the rental market for at least six months.
• Non-Renewal of Lease:
  • Week-to-week tenancy: 2-day notice.
  • Month-to-month tenancy: 7-day notice.
  • Year-to-year tenancy: 30-day notice.

North Carolina law explicitly prohibits certain actions to protect tenants' rights and ensure due process during eviction proceedings. Landlords must avoid these actions to comply with state regulations and avoid legal penalties.

County-Specific Variations

While the eviction process is consistent statewide, some details vary by county. Below are examples of these variations:

• Mecklenburg County: Filing fees for small claims court are $96, and hearings are typically scheduled 10–21 days after filing.
• Wake County: Summary Ejectment cases are filed at the Wake County Courthouse. Utilize the eCourts online portal for expedited processing.
• Guilford County: Local processes emphasize mediation before escalating to court. Online filing is available for convenience.
• Forsyth County: Expedited hearing schedules are available for cases involving lease violations related to safety concerns.

Self-Help Evictions

Landlords are prohibited from engaging in self-help eviction tactics, which include:

• Changing Locks: Preventing the tenant from accessing the property without a court order.
• Shutting Off Utilities: Disconnecting water, electricity, or gas to force a tenant to vacate.
• Removing Belongings: Disposing of or removing a tenant’s personal property before the eviction process is complete.

Consequences: Engaging in self-help evictions can result in severe penalties, including fines, lawsuits, and court orders to compensate the tenant for damages. For example, a tenant may sue for wrongful eviction if their utilities are shut off without proper notice.

Retaliatory Evictions

Under N.C. Gen. Stat. § 42-37.1, landlords cannot evict tenants in retaliation for exercising their legal rights. Examples of prohibited retaliation include:

• Attempting to evict a tenant for reporting unsafe or unhealthy living conditions to local authorities.
• Increasing rent or reducing services as a response to a tenant filing a complaint with a housing authority.
• Refusing to renew a lease after a tenant participates in a tenants' union or similar organization.

Tenants are protected from eviction if they engage in any of the following activities in good faith:

1. Complaints or Repair Requests: Reporting unsafe or defective conditions to the landlord or their agent that the landlord is legally obligated to fix.
2. Government Complaints: Filing a complaint with a government agency regarding health, safety, or housing law violations by the landlord.
3. Government Action: If a government authority issues a formal complaint to the landlord about the premises.
4. Exercising Legal Rights: Enforcing rights under a lease agreement, state law, or federal law.
5. Tenant Advocacy: Organizing, joining, or participating in tenant rights organizations

Consequences: If a court determines that an eviction or related action was retaliatory, the landlord may be required to reinstate the tenant's lease, pay damages, or face additional legal consequences.

Prohibited actions like self-help and retaliatory evictions exist to ensure that tenants can assert their rights without fear of harassment or undue hardship. By strictly adhering to the legal eviction process, landlords can maintain a professional relationship with tenants and protect themselves from legal disputes.

Tips for Landlords:

• Always follow the formal eviction process, even if the situation feels urgent.
• Maintain clear and documented communication with tenants to avoid misunderstandings.
• Seek legal counsel if you are unsure whether your actions comply with state law.

Steps to File a Complaint in Summary Ejectment in North Carolina

Once the appropriate notice has been issued and the required waiting period has passed, landlords in North Carolina can file a Complaint in Summary Ejectment to initiate the eviction process. Here’s how to proceed:

1. Choose the Right Court

In North Carolina, eviction cases are generally handled in small claims court, which is part of the district court system. This court is designed to resolve cases quickly and efficiently. However:

• Small Claims Court: Best for straightforward cases, such as nonpayment of rent or lease violations.
• District Court: Required for more complex cases, such as those involving appeals or legal disputes over significant monetary amounts.

County-Specific Examples:

• In Wake County, eviction cases are filed at the Wake County Courthouse. Online filing is available through the eCourts portal.
• In Mecklenburg County, most eviction cases are processed in small claims court, with hearings scheduled within 10–21 days of filing.

2. Complete the Complaint Form

To file for Summary Ejectment:

• Use the Complaint in Summary Ejectment (AOC-CVM-201) form, which is available:
  • At your local courthouse.
  • Online at the North Carolina Judicial Branch website.
• Be sure to complete the form accurately, as any errors can delay the process.

Important Tip: Bring a copy of the lease agreement, payment records, and any supporting evidence when submitting your complaint to the clerk of court.

3. Pay Filing Fees

The cost to file a Complaint in Summary Ejectment varies slightly by county:

• Standard Filing Fee: Approximately $96 in most counties.
• Service Fee: An additional $30–$50 may be required for serving the Summons and Complaint to the tenant, depending on the method and county.
• County Example:
  • In Guilford County, filing fees remain consistent with the state average, and service fees can be paid directly to the sheriff's department.

4. File the Complaint

Submit the completed form and filing fee to the clerk of court at the appropriate courthouse. The clerk will:

• Schedule a hearing date, typically within 7–30 days of filing.
• Issue a Summons to notify the tenant of the court date and eviction proceedings.

Serving the Tenant in North Carolina

Proper service of the Summons and Complaint is a crucial step in the North Carolina eviction process. Without proper service, the court cannot proceed with the case. Here’s how service works in North Carolina:

Authorized Methods of Service

• Personal Service: The Summons and Complaint are delivered directly to the tenant by the sheriff or an authorized process server. For example, In Wake County, the sheriff’s department typically handles personal service for a fee of approximately $30–$50.
• Certified Mail: The documents are sent to the tenant’s last known address via certified or registered mail with a return receipt requested. This method provides proof that the tenant received the notice or refused delivery.
• Posting (Only if Other Methods Fail): If personal service and certified mail are unsuccessful, the Summons may be posted conspicuously on the rental property. Posting is a last resort and must meet specific legal requirements to be considered valid.

Timing Requirements

• The Summons and Complaint must be served within 5 days of filing the complaint.
• The court hearing is scheduled between 7–30 days after filing, ensuring tenants have sufficient notice to prepare their defense.

County-Specific Variations

• Mecklenburg County: The sheriff’s department provides detailed tracking of attempts to serve the tenant, ensuring landlords are notified of progress.
• Guilford County: Offers additional support for landlords through mediation services, which may include ensuring proper service protocols are followed.
• Forsyth County: Allows landlords to check the status of service attempts through an online portal linked to the county courthouse.

Proof of Service

After serving the Summons and Complaint, the sheriff or process server must complete a Return of Service form:

• This document certifies that the tenant was properly served and is required for the court to proceed.
• In cases of posting, photographic evidence of the notice on the property may be submitted to strengthen the case.

Consequences of Improper Service

Failure to serve the tenant properly may result in:

• Delays in the eviction process.
• Dismissal of the case by the court.
• Additional court costs for re-filing the complaint.

Important Notes for North Carolina Landlords

• Use Reliable Methods: Personal service is the most reliable and preferred method in North Carolina, as it minimizes disputes over whether the tenant received notice.
• Document Everything: Keep copies of service attempts, return receipts, and the Return of Service form to present to the court.
• Plan for Delays: If the tenant evades service, this could delay the process. Consider using certified mail or a professional process server to improve efficiency.

Gathering Evidence for Court

To strengthen your case, strong evidence is crucial to support your eviction case. Here’s how to gather and present evidence effectively:

Nonpayment of Rent

• Lease Agreement: Highlight the rent amount, due date, and any clauses about late fees.
• Rent Ledger: Provide a detailed record of payment history showing missed or late payments.
• Payment Notices: Include all written notices sent to the tenant, such as the 10-day Notice to Pay or Quit.
• Communication Logs: Show any emails, texts, or letters sent to the tenant regarding overdue rent.

Lease Violations

• Documentation of Violations: Photos of property damage or unauthorized alterations. Videos or recordings of noise violations or other disturbances.
• Witness Statements: Statements from neighbors, property managers, or maintenance staff who observed the violations. Ensure statements are signed and include the date of the observation.
• Inspection Reports: If inspections revealed violations, include the report and any follow-up communication.

Illegal Activities

• Police Reports: If law enforcement was involved, provide official reports or citations.
• Security Footage: Submit recordings showing illegal activities on the property.
• Lease Clauses: Highlight sections of the lease agreement prohibiting criminal activity.
• Neighbor Complaints: Include signed statements or emails from neighbors who witnessed suspicious or illegal behavior.

Pro Tip: Use property management software like DoorLoop to organize and securely store all documents and evidence.

Preparing for Court

• Presenting Evidence: Bring both physical copies and digital backups of your evidence to court. Clearly label all documents and evidence for easy reference during the hearing.‍
• Witness Testimony: If using witnesses, ensure they are prepared to testify in court. Provide them with an outline of key points they should address.‍
• Demonstrating Good Faith: Show the court that you acted reasonably by documenting attempts to resolve the issue with the tenant before filing for eviction.

County-Specific Considerations

• Mecklenburg County: Courts may require specific forms or evidence formats. Check with the clerk of court for details.
• Wake County: Digital evidence, such as security footage, must be submitted in a compatible format approved by the court.
• Guilford County: Local mediation programs may allow you to present evidence during pre-court sessions to avoid escalation.

Regaining Possession of the North Carolina Property

Once the court rules in favor of the landlord and issues a Writ of Possession, landlords can begin the process of regaining control of their property. Here’s what happens next:

Issuance and Execution of the Writ of Possession

• Timing: The court issues the Writ of Possession 10 days after the judgment to allow time for tenant appeals. After issuance, the sheriff’s department enforces the Writ by removing the tenant if they have not vacated voluntarily.‍
• Sheriff’s Role: The sheriff schedules a visit to the property, escorts the tenant out, and ensures the landlord can safely regain possession. The tenant must leave immediately during the enforcement of the Writ.

Handling Tenant Belongings

North Carolina law provides clear guidelines for managing any personal property left behind by tenants:

• Storage Requirements:
  • Landlords must store abandoned belongings for at least 7 days.
  • Items should be kept in a secure location, such as a storage unit or locked area of the property.
• Notification:
  • Notify the tenant in writing about how they can retrieve their belongings and any associated costs, such as storage fees.
• Unclaimed Property:
  • If the tenant does not claim their items within the 7-day period, the landlord must turn the belongings over to law enforcement.
  • Law enforcement may charge the tenant additional fees for storage.
• Important Note:
  • Landlords are prohibited from selling, discarding, or damaging tenant property during the 7-day holding period.

Inspecting the Property

After regaining possession of the property, landlords should take the following steps:

• Conduct a Thorough Inspection:
  • Document the property’s condition with photos and videos.
  • Check for damages beyond normal wear and tear that may be deducted from the security deposit.
• Review Lease Agreements:
  • Refer to the lease agreement for clauses regarding damages, cleaning, or unpaid rent.

Returning or Withholding the Security Deposit

Under N.C. Gen. Stat. § 42-52, landlords must handle the tenant’s security deposit in accordance with state law:

• 30-Day Deadline:
  • Landlords have 30 days to return the security deposit or provide an itemized statement of deductions.‍
• Allowable Deductions:
  • Property damage.
  • Unpaid rent or late fees.
  • Cleaning costs necessary to restore the property to its original condition.

• Extensions:
  • If additional time is needed to assess damages, landlords may issue a preliminary notice within 30 days and provide a final accounting within 60 days.

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‍North Carolina Eviction Timeline

On average, it should take about 1 month to 3 months for a complete North Carolina eviction process. This does not include the additional time it will take for an appeal to be filed.

<table style="width:100%"><tr><th>Steps of the Eviction Process</th><th>Average Timeline</th><th>Important Things to Remember</th></tr><tr><td>Issuing an Official Notice</td><td>2 days-30 days </td><td>A written notice may not always be required. It depends on the reason for eviction, whether it was a lease violation or for criminal activity.</td></tr><tr><td>Issuing and Serving of Summons and Complaint</td><td>5 days </td><td>Make sure no mistakes were made in the filing process. </td></tr><tr><td>Tenant Files for Appearance</td><td>20 days</td><td>This only applies for district court evictions. If the tenant doesn’t file for this, default judgment may be given to you.</td></tr><tr><td>Court Hearing and Judgment for Possession</td><td>7-30 days</td><td>If you win the case, the judge will give you a Writ of Possession. </td></tr><tr><td>Issuance of Writ of Possession</td><td>10 days</td><td>This legally allows the law enforcement officials to remove the tenant from the property.</td></tr><tr><td>Return of Rental Unit</td><td>A few hours to 5 days</td><td>You are not allowed to be the one to evict the tenant by force. Leave that job to the authorized officials. </td></tr></table>