Guide to the Eviction Process in North Carolina

Key Takeaways:

• Keep detailed records of the lease, payment history, notices, communications, and property condition before beginning an eviction.
• Use the correct North Carolina procedure for the specific reason for seeking possession, since notice requirements can vary by circumstance.
• Never use self-help measures such as changing locks, shutting off utilities, or removing property before following the required court process.
• Be prepared to present organized documentation and evidence if the case reaches small claims court.
• Plan for the property’s condition, outstanding balances, and next leasing steps once lawful possession is restored.

The North Carolina eviction process is a relatively straightforward when landlords have to evict a tenant from their rental property.

Both the landlord and the tenant are expected to conform to North Carolina law as written in the Chapter 42 of North Carolina General Statutes.

Just like the landlord has rights because they own the property, a tenant rented property as well, so they both have rights when it comes to the possession of the dwelling.

North Carolina General Statutes, Chapter 42, article 3 lays out the eviction process you must follow when it comes to evicting a tenant from your property. If a landlord fails to adhere to these North Carolina evictions laws correctly, there may be legal repercussions. If a landlord files for a legal eviction, its filing will cause the proceedings to begin straight away to evict tenants, if the court rules it so.

If you are a landlord and unsure of what to do with the eviction process in North Carolina or want to learn more about laws, our team has compiled a step-by-step guide to North Carolina's eviction procedure.

1.   Eviction Notice in North Carolina

Serving a written eviction notice is the first step to evict a tenant. The proper eviction notice to serve the tenant must be relevant to the violation committed. For issues related to a tenant who did not make a rental payment, that lead to evictions a landlord must give the renter after a lease violation a proper notice called the “10-day Demand for to Pay.”

Simply put, this written notice allows the tenant ten days to either pay rent in full for all overdue rent or vacate the North Carolina rental property. If the tenant does not do either, eviction in North Carolina is called summary ejectment, and the landlord starts the case by filing an eviction complaint.

If a tenant fails to make rent or is paying rent late, it goes against the rental or lease agreement, and is therefore warranted for an eviction process.

As a landlord, you can also evict a “holdover” tenant by serving them prior written notice that applies for a specific notice period.

These are tenants renting a property who must vacate at the end of the lease term unless the tenancy is renewed. The type of written notice to serve such a tenant depends on the term of the lease agreement and their schedule for making payments.

If the rental agreement required tenant to make rent payment, a week-to-week tenancy requires a 2-day notice, a month-to-month tenancy requires a 7-day notice, and a year-to-year tenancy requires a 30-day notice.

When nonpayment is the reason for the notice, it should state the exact amount owed, and any late fee included must be lawful and accurately calculated. These eviction notices are also referred to as “unconditional notices to quit.” This means that the tenant has no other option but to leave after receiving the eviction notice, as stated under the laws of the NC eviction process.

In other words, there is no option to “cure” the violation or pay past due rent that the notice was issued in response to. If the renter doesn't move out within the notice period, as a landlord, you can go ahead with the procedure. You don't need to serve them with another notice. It's important to note that after the written rental or lease agreement term expires and prior to filing a complaint, a landlord must not accept any payment. If a landlord rents their property and fails to follow this protocol of notice, the previous term of the tenancy will renew automatically.

A landlord cannot evict the tenant when they've paid rent, only when a tenant fails to pay due rent is this case. Either the landlord or the tenant has to break the terms of the rental agreement for it to be cut short.

Aside from outstanding monthly rent payments and a holdover tenant, you can also evict a tenant who violates other lease terms or engages in illegal activity rather than just when they don't cover rent, as per landlord-tenant law. For example, a landlord can evict a tenant who violates the lease agreement when the tenant:

• Brings in an unauthorized tenant to rent the property.
• Keeps a pet when the lease agreement is against it
• Repeatedly disturbs neighbors.
• Damages the rental property.

Additionally, according to N.C. Gen. Stat. § 42-11, a tenant can be charged with a misdemeanor for intentional or willful damage to the rental property as this is a criminal activity.

Landlords aren't required to give renters notice or a chance to remedy the violation of a lease agreement. A landlord can file an eviction suit against the tenant immediately after knowledge of the violation in the appropriate justice court or small claims court with jurisdiction, though larger claims may be filed in district court. The filing fee for an eviction complaint in small claims court is $96.

Lastly, landlords can also evict renters engaging in a criminal activity like drug trafficking while they rent the property. Here, the North Carolina eviction process allows for an expedited eviction process. Also called “Article 7 eviction,” a landlord may notify renters and file an expedited eviction against renters, tenants' households, or tenants' guest or guests engaging in drug trafficking and other criminal activities within the rental.

A North Carolina landlord must file the Summary Ejectment in a North Carolina court, and the North Carolina Judicial Branch provides forms and filing information. Eviction must go through the legal process and formal eviction proceedings rather than self-help.

2.   Complaint in Summary Ejectment

After serving the tenant a proper eviction notice and the tenant has refused to move out of the rental after being evicted, the next step in the North Carolina eviction process is to file a Complaint in Summary Ejectment with the court, after which a Summons is issued on the eviction complaint.

Note that small claims court only handles lawsuits under $10,000; to start filing lawsuits above this amount, go to a district court for your Complaint in Ejectment.

Even with solid grounds to evict a tenant, it's illegal for a landlord to use “self-help” methods on renters per the North Carolina eviction process. This also applies after a landlord filed a lawsuit in a small claims court.

A self-help eviction process is when a landlord retakes possession of the tenant's personal property without using the right eviction process. Here are a few examples of things that you should never do as a landlord:

• Intimidate or harass your tenant.
• Turn off their utilities.
• Remove the tenant's personal possesions prior to their being officially evicted.
• Lock the tenant out of the rental unit.

A North Carolina landlord must file the Summary Ejectment in the appropriate court. Typically, in North Carolina, it can either be a district court or a small claims court. For a quick settlement of your case, it's recommended that you choose a small claims court. That being said, damages by tenants sought in a small claims court shouldn't exceed $10,000. If they do, a landlord should file the Summary Ejectment at the district court instead of a small claims court.

A Summary Ejectment is filed against renters who have failed to do one of these two things: failed to comply with the requirements of the lease agreement, or has failed to surrender control of the leased premises after their lease term has expired.

When completing the form, a landlord is required to state the reason for the eviction as well as the remedies the landlord is seeking from tenants. After filing, the sheriff serves the Summons and Complaint by personal delivery, and may attempt personal delivery before using other authorized methods.

Generally, an eviction lawsuit seeks two remedies: Getting back possession of the rental property, or Getting rental payment owed from the tenant.

According to the NC law, once a landlord has filed the eviction case and did pay the eviction filing fee, the court will issue the landlord a Summons. This will then be served to the tenants by the county sheriff's office or an official of the court. A Summons and Complaint legally informs the tenants that eviction case action has started. The document tells the tenants when and where the eviction hearing before a magistrate in small claims court will be.

The North Carolina eviction laws clarify that the sheriff may serve the Summons and Complaint either in person or by mail within five days of its issuance. The court hearing occurs exactly 14 days after the summons is issued, though the process often takes longer if a tenant contests the case or appeals, and in small claims it is heard by a magistrate rather than a district court judge (30 days for a District Court).

The tenants have two options after receiving the Summons and Complaint. One option is when a tenant contests the removal by providing relevant defenses, including arguments that challenge notice or filing defects.

The other option is simply for the tenants to vacate the premises. Tenants should also understand tenant's rights and may seek legal assistance or legal aid, and a North Carolina attorney may help present defenses or handle an appeal.

4.   The Eviction Hearing

The landlord must be present at the court hearing in order to win the eviction process, and if the magistrate's judgment is in the landlord's favor, possession can move forward unless the tenant appeals within the allowed time. The tenant must show up to the court hearing in order to contest the eviction. The landlord proves their case with evidence. For example, you should remember to bring:

• A copy of the NC lease agreement.
• Demand notice you sent your tenant for the rent owed.
• Proof of nonpayment of rent.

The renter's presence isn't necessary at the eviction hearing if:

• The renter is willing to vacate the premises and doesn't want to oppose the eviction process.
• You are merely seeking ownership of the leased premises.

At this point, the renter can stop the eviction at the hearing (if the case is that a tenant fails to make the monthly rent payments) by bringing the full amount to cover unpaid rental money and court costs. In North Carolina, the full timeline often takes about 1-3 months, especially if an appeal delays the actual eviction.

At the hearing, the district court judge will give you an opportunity to present your eviction case first on the court date. After you are done presenting your case, court process dictates that your tenant will similarly be offered a chance to state their case. To help win the case, the tenant may bring the following to court:

• Written communications, if any
• A witness to verify what the tenant is claiming
• Receipts for rent to prove payments have been made, and/or
• Photos of the premises (to show poor conditions).

If the tenant files an appeal or a Motion to Stay, the magistrate's judgment is not final for 10 days because the tenant may appeal during that period.

If the tenant files an appeal bond, they may also have to pay future rent into court to remain in the rental unit during the appeal. This can turn the case into a complex process and increase costs for the landlord, including lost rent while waiting to regain possession.

Other common tenant defenses in North Carolina include:

• You used “self-help” eviction process or methods.
• The rental doesn't adhere to North Carolina housing codes.
• If, for criminal activity, the tenant had no knowledge of the actions or made reasonable attempts to prevent them.
• You discriminated against the renter. That is, you based the eviction on the renter's national origin, victim status, familial status, disability, age, race, sex, or religion.
• The notice was improperly served.
• It's a retaliatory eviction
• The breach of the lease violations isn't substantial enough to warrant an eviction.
• Your allegations are false.

5.   Judgment and the Writ of Possession

If the judgment on the eviction case is in your favor, the judge will award you a “Judgement of Possession.” The “Judgement of Possession,” and the Writ of Possession along with it, gives possession of the property back to you. The tenant will then have ten days to file an appeal to the eviction case. This will extend your North Carolina eviction timeline. If the tenant appeals when their landlord wins a case, they may accrue appeal costs. Specifically, the court may order them to make payments of the bond as court costs.

For whatever reason, is the renter is unable to make the payments on the bond, you can have tenant appeals quashed and gain a default judgment. If the renter still loses the appeal after paying their court costs for the bond, the only remaining option would be to leave the premises immediately. If they do not, a Writ of Possession will be needed to take further action.

At this point, as a landlord, you can file a Writ of Possession. A Writ of Possession in North Carolina gives the county sheriff the authority to remove the tenant out of your rental. After it is issued by the court, the sheriff would be required to carry out the eviction seven days after the Writ of Possession is issued.

The tenant will have ten days after the issuing of the Writ of Possession to remove all personal property from the rental property.

It's important to change the locks after the sheriff's office removes the renter and restores possession, including any tenant's property left behind. The changing of locks must be done by a locksmith after you evict a tenant, and the sheriff must also be present. The fees charged by the locksmith are your responsibility. Before disposing of anything left on the premises, follow the statutory notice rules for stored property within the required timeline.

7.   Handling a tenant's personal property

You may find that the tenant decides to leave behind some of their personal property in the rental property. According to the North Carolina landlord-tenant law, landlords must notify them of their belongings before disposing of them. If the tenant doesn't respond, you can dispose of the personal items after the time-frame on the notice expires. ( NCGS § 42-25.9 ))) and NCGS § 42-36.2)

For more information about landlord-tenant laws in North Carolina, click here.

In Conclusion

This guide is of a general nature and is meant for informational purposes only. Eviction is a legal process and, when disputes or appeals arise, it can become a complex process for both landlords and renters.

If you need additional help evicting tenants, getting a court order, or understanding landlord-tenant laws in general, including tenant's rights, seek professional help to help you follow the rules and support a respectful landlord-tenant relationship. Don't hesitate to reach out to Dawson Property Management for your management needs in Charlotte, NC and surrounding cities.

Frequently Asked Questions About The Eviction Process In North Carolina

What Should Landlords Document Before Starting An Eviction?

Landlords should maintain the signed lease, rent ledger, payment records, written communications, notices, photographs, repair records, and other documents related to the alleged lease violation. Clear documentation can help establish the facts if the matter reaches court.

Owners should also keep records showing when notices were delivered and retain copies of all paperwork filed or received during the case. Because the appropriate documentation can vary based on the circumstances, landlords should consider consulting a qualified North Carolina attorney when they are unsure what records are required.

Can A Landlord Change The Locks During An Eviction?

A landlord generally should not attempt to remove a tenant by changing locks, shutting off utilities, removing doors, or otherwise taking possession without following the court process. North Carolina treats eviction as a court proceeding called summary ejectment.

If a landlord obtains a judgment for possession, the sheriff handles the physical removal under a writ of possession. Owners should wait until the legally required process has been completed before retaking control of the property.

What Happens If A Tenant Appeals An Eviction Judgment?

An eviction judgment from small claims court can be appealed to District Court, which may extend the time before the owner regains possession. Landlords should account for this possibility when planning vacancy, repairs, marketing, and future leasing activities.

North Carolina law also establishes procedures concerning rental payments and stays of execution during an appeal. Because the requirements can depend on the circumstances of the case, owners should review the applicable court procedures and seek qualified legal guidance when an appeal occurs.

How Should Landlords Handle Personal Property Left After An Eviction?

Landlords should not immediately discard or dispose of personal property left behind after an eviction. North Carolina law establishes procedures governing a tenant's belongings after the sheriff executes a writ of possession, including notice and time periods for retrieving property.

Owners should document what remains at the property and follow the applicable statutory requirements before disposing of anything. Because the rules can depend on the circumstances and value of the property, landlords should verify the current requirements before taking action.

How Much Does An Eviction Cost A North Carolina Landlord?

Eviction costs can include court filing fees, service fees, attorney fees when counsel is retained, unpaid rent, property repairs, cleaning, and vacancy-related expenses. The total depends on the circumstances and whether the case is contested or appealed.

North Carolina courts currently list a $96 filing fee for small claims cases, while local requirements and other expenses can vary. Owners should budget for both direct legal expenses and the potential operating costs associated with extended possession disputes.

How Can A Property Manager Help With The Eviction Process?

Professional property management can help an owner stay organized by maintaining rental records, documenting lease issues, communicating with the parties involved, and coordinating the property after possession is restored.

Dawson Property Management states that its services include rent collection, record-keeping, inspections, maintenance, leasing, and eviction handling. Some owners and managers also use property management software to organize rent collection, notices, communication, and eviction-related records. Owners should distinguish property management support from legal advice, however, because questions about a specific eviction, legal rights, defenses, or court strategy may require a qualified attorney.

Disclaimer: Please note that the information provided in this blog is intended for general guidance and should not be considered as a replacement for professional legal advice. It is important to be aware that laws pertaining to property management may change, rendering this information outdated by the time you read it.