To evict a tenant in NC, you have to go through a court process called summary ejectment under Chapter 42 of the North Carolina General Statutes, and from first notice to Sheriff lockout it usually takes three to six weeks.1North Carolina General Assembly. North Carolina General Statute Chapter 42 – Landlord and Tenant The sequence is fixed: confirm your legal ground, send the correct written notice, file a complaint with the Clerk of Court, have the Sheriff serve the tenant, win a hearing before a magistrate, wait out the 10-day appeal window, and then request a writ of possession that the Sheriff executes. Skipping any step restarts the clock. Trying to force a tenant out yourself exposes you to a damages lawsuit.
Step 1: Confirm You Have a Legal Ground
North Carolina does not let you file simply because you want the tenant gone. Under NCGS § 42-26, the reason has to fit one of a short list of categories: nonpayment of rent, holding over after the lease has ended, breach of a lease condition that contains a forfeiture clause, or criminal activity covered by the expedited process in NCGS § 42-59.2North Carolina General Assembly. North Carolina Code Chapter 42 – Tenant Holding Over May Be Dispossessed in Certain Cases3North Carolina General Assembly. North Carolina Code 42-59 – Definitions For a lease-breach case, the lease itself must contain forfeiture language that ends the tenancy on that specific violation. A generic lease without that language will not support the ground.
One mistake sinks more lease-breach cases than any other: accepting rent after you know about the violation. North Carolina courts treat that as waiver. If a tenant violates the lease and you cash their next check, you may lose the right to evict based on that violation. Either refuse the payment or give the tenant a written statement that acceptance does not waive your right to proceed.
Step 2: Send the Required Written Notice
Before you file anything with the court, the tenant has to get proper written notice. The type and length depend on why you are evicting.
Nonpayment of Rent
Under NCGS § 42-3, the lease is considered forfeited if the tenant fails to pay within 10 days after you demand payment.4North Carolina General Assembly. North Carolina Code 42-3 – Term Forfeited for Nonpayment of Rent This applies to any written or verbal lease with a fixed payment schedule. Put the demand in writing, deliver it, and keep a dated copy.
Ending a Periodic Tenancy
If there is no violation and you simply want to end an ongoing tenancy, NCGS § 42-14 sets the minimum notice:5North Carolina General Assembly. North Carolina General Statutes 42-14 – Notice to Quit in Certain Cases
- Year-to-year tenancy: at least one month before the end of the current lease year.
- Month-to-month tenancy: at least seven days.
- Week-to-week tenancy: at least two days.
- Manufactured home space rental: at least 60 days before the end of the current rental period, regardless of the lease term.
These are floors. If your lease requires more notice than the statute, you must follow the lease. Read it before you send anything. Courts enforce the notice requirement strictly, and short notice by even a few days will cost you the case.
Step 3: File the Complaint in Summary Ejectment
The lawsuit begins when you fill out the Complaint in Summary Ejectment, Form AOC-CVM-201, available from any Clerk of Superior Court office or the North Carolina Courts website.6North Carolina Judicial Branch. Complaint In Summary Ejectment You will need the full legal name of every adult tenant on the lease and the exact street address of the rental unit. Check the box for the legal ground that matches your situation. If you are also seeking money for unpaid rent, enter the precise amount owed plus any late fees the lease allows.
Cross-check names, unit numbers, and dollar figures against the lease and your payment records before you file. A misspelled name or wrong apartment number gives the tenant an easy challenge. Magistrate court handles money claims up to $10,000; if the tenant owes more, you have to limit the claim here or pursue the excess separately in district court.
Along with the complaint, complete a Magistrate Summons on Form AOC-CVM-100, which tells the tenant when and where the hearing will take place.7North Carolina Judicial Branch. Magistrate Summons File both documents with the Clerk of Court in the county where the property sits. Expect a $96 filing fee plus a $30 service fee for each tenant named.8Dare County, NC. Summary Ejectment or Evictions
Step 4: The Sheriff Serves the Tenant
Once you pay, the Clerk sends the paperwork to the Sheriff’s Office. The Sheriff delivers the summons and complaint to the tenant, usually by handing the documents directly to the tenant or to another adult at the residence. If no one can be found after reasonable attempts, the Sheriff can post the papers on the front door and mail a copy. Proof of service is filed back with the court.
Step 5: The Magistrate Hearing
Summary ejectment hearings go in front of a magistrate rather than a judge, and they move fast. Bring your lease, payment records, copies of every notice you sent, and any photos or correspondence that document the violation. The magistrate hears both sides and rules on the evidence in front of them.
If you prove your case, the magistrate enters judgment awarding you possession and any money damages. If the tenant does not show up, you can get a default judgment, but federal law requires you to first file an affidavit stating whether the tenant is on active duty with the military. Under 50 U.S.C. § 3931, filing a false affidavit is a federal crime punishable by up to one year in prison.9Office of the Law Revision Counsel. 50 USC 3931 – Protection of Servicemembers Against Default Judgments You can confirm status through the Department of Defense Manpower Data Center.
Step 6: Wait Out the 10-Day Appeal Window
Even if you win, the judgment is not enforceable for 10 days. Either party can appeal to district court during that window, and the deadline is strictly enforced. On day 11, if no one appealed, the judgment is enforceable.
An appeal does not automatically let the tenant stay. To stop you from enforcing the judgment while the appeal is pending, the tenant must pay all back rent determined by the magistrate into the Clerk of Superior Court and keep paying rent as it comes due.10North Carolina General Assembly. North Carolina Code 42-34 – Undertaking on Appeal and Order Staying Execution If the tenant misses an ongoing rent payment by more than five business days, you can ask the Clerk to issue execution immediately. Indigent tenants who qualify under state law can skip the back-rent payment, but they still have to pay ongoing rent to keep the stay.
Step 7: Writ of Possession and the Lockout
If the tenant has not left and no appeal is pending, go back to the Clerk and request a Writ of Possession for Real Property on Form AOC-CV-401.11North Carolina Judicial Branch. Writ Of Possession Real Property It costs $25 to file, plus a $30 fee for the Sheriff to execute.12Dare County, NC. Return of Personal Property
Under NCGS § 42-36.2, the Sheriff must execute the writ within five days of receiving it, and gives the tenant advance notice of the approximate time.13North Carolina General Assembly. North Carolina Code 42-36.2 – Notice to Tenant of Execution of Writ for Possession of Property On the scheduled day, the Sheriff either removes the tenant’s belongings and locks the premises, or, if you sign a statement allowing the belongings to remain inside, simply padlocks the door. Either way, you have legal possession again at that point.
What to Do With Belongings Left Behind
What you do with property the tenant leaves inside is one of the areas landlords get sued over. NCGS § 42-25.9 sets the rules, and tossing everything the same day is the fastest way to lose a lawsuit.1North Carolina General Assembly. North Carolina General Statute Chapter 42 – Landlord and Tenant The timeline depends on what the items are worth.
If the property is worth $500 or more, you have to hold the items at least seven days after the writ is executed. You can move them for storage, but you cannot sell, discard, or dispose of anything during that period. If the tenant asks for the belongings during the seven days, you must make them available during business hours. If you decide to sell afterward, mail written notice to the tenant’s last known address at least seven days before the sale.
If the property is worth less than $500, it is considered abandoned five days after the writ is executed. You can dispose of it after that, but the tenant can still reclaim items during the five-day window. When in doubt about value, hold longer. If you throw out items that turn out to be worth more than you assumed, you are liable for the actual value.
Return or Account for the Security Deposit
Evicting a tenant does not change your obligations under NCGS § 42-52. Within 30 days after the tenant is out and you have possession, you must either return the full deposit or send a written, itemized list of deductions along with any balance owed. If you cannot calculate the full cost of damages within 30 days, send an interim accounting at the 30-day mark and a final accounting within 60 days.
Deductions have to be for actual damage beyond normal wear and tear, unpaid rent, or other costs the lease and statute allow. Keep receipts; courts expect documentation, not estimates. Missing the deadline or failing to itemize can let the tenant recover the full deposit regardless of real damage.
Do Not Try to Evict Without the Court
North Carolina banned self-help eviction in 1981 under NCGS § 42-25.6, and no lease provision can override that prohibition, even if the tenant signed one.1North Carolina General Assembly. North Carolina General Statute Chapter 42 – Landlord and Tenant You cannot change the locks, remove the front door, shut off water or electricity, or move the tenant’s belongings to the curb. If you do, the tenant can sue you for actual damages and can recover possession of the unit, which puts you back at square one with a judgment against you. The only legal way to remove a tenant in North Carolina is the summary ejectment process laid out above.