Steps of the eviction process in North Carolina:
- Landlord serves tenant written notice.
- Landlord files complaint with court (if unresolved).
- Court holds hearing & issues judgment.
- Writ of possession is issued.
- Possession of property is returned to landlord.
Evicting a tenant in North Carolina can take around one to three months, depending on the reason for the eviction and whether the case is held in district or small claims court. If tenants file an appeal, the process may take longer.
Grounds for an Eviction in North Carolina
In North Carolina, a landlord cannot legally evict a tenant without cause. Legal grounds to evict include not paying rent on time, staying after the lease ends, violating lease terms or illegal activity. Even so, proper notice must first be given before ending the tenancy.
| Grounds | Notice Period | Curable? |
|---|---|---|
| Nonpayment of Rent | 10 Days | Maybe |
| End of / No Lease | 7 Days | No |
| Lease Violation | None | No |
| Illegal Activity | None | No |
Eviction for Nonpayment of Rent
In North Carolina, a landlord can evict a tenant for not paying rent on time. To do so, they must first give 10 days’ notice to pay rent or vacate the premises. If the tenant does neither after that time, the landlord can move forward and file an eviction lawsuit.
Unless the lease states otherwise, rent is due at the beginning of each pay period. In North Carolina late fees may not be assessed until rent is 5 days past due. So for example, if rent is due on the first of the month, it is considered late starting on the sixth of the month (if not paid in full).
Once rent is considered late, the landlord can begin the eviction process by serving the tenant with proper notice.
Eviction for No Lease or End of Lease
In North Carolina, a landlord can evict a tenant without a lease or with a lease that has ended (known as a “holdover tenant” or “tenant at will”). To do so, they must first terminate the tenancy by giving proper notice to move out (7 days for tenants that pay month-to-month).
Once the tenancy ends, if the tenant remains on the property, the landlord can move forward and file an eviction lawsuit.
Eviction for Violation of Lease or Responsibilities
In North Carolina, a landlord can evict a tenant for violating the terms of their lease or not upholding their responsibilities under North Carolina landlord-tenant law. No prior notice is needed and the landlord may immediately proceed with filing an eviction lawsuit. The tenant does not have the option to fix the issue and the tenant must vacate.
Tenant responsibilities include:
- Keeping the premises clean and safe.
- Disposing of all ash, rubbish, garbage, and waste in a clean and safe manner.
- Keeping all plumbing fixtures clean.
- Not destroying, damaging, defacing, or removing any part of the of premises.
- Not tampering with the smoke detector or carbon monoxide detector.
- Complying with all building and housing codes.
- Taking responsibility for any damage to the dwelling unit, unless it was ordinary wear and tear.
- Notifying the landlord in writing of any repairs or replacements to a smoke detector or carbon monoxide detector.
Examples of violations include:
- Having an unauthorized pet or guest.
- Parking in an unauthorized area.
- Not maintaining a certain level of cleanliness.
- Willfully and unlawfully demolish, destroy, deface or damage any part of the dwelling unit.
- Removing parts of the dwelling unit.
- Burning any fence, wall or any other enclosure on the premises.
- Cutting or destroying any timber, fruit, shade or ornamental tree on the premises.
Eviction for Illegal Activity
In North Carolina, a landlord can evict a tenant for an illegal activity. No notice is required, and the landlord may immediately proceed with an eviction lawsuit. Tenants are not allowed to fix the issue and do not have the option to stay in the dwelling unit.
In North Carolina, illegal activity includes:
- Criminal activity that affects the health, safety or peaceful enjoyment of other tenants.
- Illegal use, possession, sale or manufacture of controlled substances.
Note, an immediate expedited eviction may be available in some illegal activity instances (i.e., drug trafficking).
If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.
Illegal Evictions in North Carolina
In North Carolina, any of the below is illegal. If found liable, the landlord could be required to pay the tenant actual damages sustained.
“Self-Help” Evictions
No matter the situation, a landlord is not allowed to forcibly remove a tenant by:
- Changing the locks.
- Shutting off utilities.
- Removing tenant belongings.
A tenant can only be legally removed with a court order obtained through the formal eviction process.
Retaliatory Evictions
It is illegal for a landlord to evict a tenant in response to exercising a legally protected right. These rights include:
- Complaining about habitability issues to the landlord or any authority tasked to enforce the law.
- Filing a complaint to a government authority.
- Joining a tenant’s union or organization.
- Government issuing a formal complaint to a landlord regarding a state or federal law.
- Exercising, securing, or enforcing any rights under the lease agreement.
Step 1: Landlord Serves Notice to Tenant
A landlord can begin the eviction process in North Carolina by serving the tenant with written notice. North Carolina law doesn’t specify how an eviction notice must be served at the state level; however, common methods of delivery include:
- Personally delivery.
- Leaving a copy of the notice with someone of “suitable” age.
- Posting a copy in a conspicuous place of the premises.
It is important for a landlord to always maintain a copy of the signed and served notice as proof of proper service of notice.
10-Day Notice to Pay Rent or Quit
If a tenant is late on paying rent (full or partial) in North Carolina, the landlord can serve them a 10-Day Notice to Pay or Quit. This notice gives the tenant 10 calendar days to pay the entire remaining balance or vacate the premises.
7-Day Notice to Quit
For a tenant with no lease or a month-to-month lease in North Carolina, the landlord must serve them a 7-Day Notice to Quit to end the tenancy. This eviction notice allows the tenant 7 calendar days to move out.
For tenants that don’t pay monthly, the amount of notice differs:
| Rent Payment Frequency | Notice Amount |
|---|---|
| Week-to-Week | 2 Days |
| Month-to-Month | 7 Days |
| Year-to-Year | 30 Days |
Immediate Notice to Quit
In North Carolina, a landlord can evict a tenant for violating the terms of the lease or for committing illegal activity. Unlike other eviction notices, a landlord can order a tenant to vacate the dwelling unit immediately. In these instances, tenants are not allowed to fix the issue and do not have the option to stay in the dwelling unit. No prior notice is necessary for these grounds for eviction and the landlord may immediately proceed with filing an eviction lawsuit with the appropriate court.
Step 2: Landlord Files Lawsuit with Court
As the next step in the eviction process, North Carolina landlords must file a complaint in the appropriate court. In North Carolina, this costs $96 in filing fees for all cases filed in Small Claims Court.
The summons and complaint may be served on the tenant by the sheriff of the county.
First, the sheriff shall mail the summons and complaint to the tenant by the end of the next business day or as soon as they are available to do so. Within five days the sheriff must telephone the tenant requesting that the tenant visit the sheriff to accept the summons and complaint or schedule an appointment to receive the delivery of the documents. If the attempts to telephone the tenant are unsuccessful the sheriff must use one of the following methods:
- Personally delivery or leave a copy of the summons and complaint with someone of “suitable” age by visiting the residence of the tenant within five days of issuance of the summons and at least two days before the tenant is required to appear to answer the complaint; or
- Post a copy in a conspicuous place of the premises.
Step 3: Court Holds Hearing & Issues Judgment
If the eviction hearing is filed in small claims court, it could be held as soon as within seven days of the date the summons was issued.
For expedited hearings held in District Court (such as evictions for illegal activity), the hearing will be held within 30 days of the date the complaint was served on the tenant. Non-expedited hearings will take longer.
Nonpayment of Rent. If the tenant pays the full amount of past-due rent owed at any time prior to the issuance of a judgment in favor of the landlord, the eviction proceedings will be stopped.
Filing an Answer. If the eviction case is filed in District Court instead of small claims court, tenants must file an answer within 20 days of the date they received the summons and complaint.
If the tenant fails to appear for the hearing, the judicial officer may issue a default judgment in favor of the landlord, meaning the tenant will have to move out.
If the judge rules in favor of the landlord, either through a default judgment or at an eviction hearing, a writ of possession will be issued and the eviction process will continue.
Tenants will have 30 days to appeal the ruling.
Step 4: Writ of Possession is Issued
The writ of possession is the tenant’s final notice to leave the rental unit. The writ gives the approximate time the sheriff will come and remove the tenant. This gives the tenant an opportunity to remove their belongings before the sheriff returns to the property.
If the court has ruled in the landlord’s favor, the writ of possession will be issued 10 days after the ruling in favor of the landlord has been issued. This gives tenants time to file an appeal.
Step 5: Possession of Property is Returned
For evictions due to illegal activity, the tenant will be evicted immediately. For all other evictions, tenants will have up to five days once the writ of possession has been received by the sheriff’s office to move out of the rental unit before the sheriff returns to forcibly remove them.
If a tenant fails the remove their personal property after the writ of possession, the sheriff may bring the property to any storage facility in the county. The sheriff may require the landlord to advance the cost of moving and storing the property. If the landlord declines to advance the cost, the sheriff will not take the personal property and will bring the writ of possession back to the clerk of the court.
North Carolina Eviction Process Timeline
In North Carolina, an eviction can be completed in 1 to 3 months but can take longer depending on the reason for eviction, whether the eviction is contested, which days courts are (or aren’t) in session and other various possible delays.
Below are the parts of the North Carolina eviction process outside the control of landlords for cases that go uncontested.
| Step | Estimated Time |
|---|---|
| Initial Notice Period | 2-30 Calendar Days |
| Court Issuing/Serving Summons | 5 Business Days |
| Tenant Response Period | ~20 Business Days |
| Court Ruling | 7-30 Business Days |
| Court Serving Writ of Possession | 10 Business Days |
| Final Notice Period | Immediately – 5 Days |
Flowchart of North Carolina Eviction Process
For additional questions about the eviction process in North Carolina, please refer to the official legislation, North Carolina General Statutes §42, §90-95, and the North Carolina Rules of Civil Procedure, Rule 4, for more information.
Sources
- 1 NC Gen Stat §42-3 (2019)
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In all verbal or written leases of real property of any kind in which is fixed a definite time for the payment of the rent reserved therein, there shall be implied a forfeiture of the term upon failure to pay the rent within 10 days after a demand is made by the lessor or his agent on said lessee for all past-due rent…
- 2 NC Gen Stat §42-46 (2019)
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(a) In all residential rental agreements in which a definite time for the payment of the rent is fixed, the parties may agree to a late fee not inconsistent with the provisions of this subsection, to be chargeable only if any rental payment is five days or more late.
- 3 NC Gen Stat §42-14 (2019)
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A tenancy from year to year may be terminated by a notice to quit given one month or more before the end of the current year of the tenancy; a tenancy from month to month by a like notice of seven days; a tenancy from week to week, of two days…
- 4 NC Gen Stat §42-11 (2019)
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If any tenant shall, during his term or after its expiration, willfully and unlawfully demolish, destroy, deface, injure or damage any tenement house, uninhabited house or other outhouse, belonging to his landlord or upon his premises by removing parts thereof or by burning, or in any other manner, or shall unlawfully and willfully burn, destroy, pull down, injure or remove any fence, wall or other inclosure or any part thereof, built or standing upon the premises of such landlord, or shall willfully and unlawfully cut down or destroy any timber, fruit, shade or ornamental tree belonging to said landlord, he shall be guilty of a Class 1 misdemeanor.
- 5 NC Gen Stat §42-59 (2019)
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(2) “Criminal activity” means (i) activity that would constitute a violation of G.S. 90-95 other than a violation of G.S. 90-95(a)(3), or a conspiracy to violate any provision of G.S. 90-95 other than G.S. 90-95(a)(3); or (ii) other criminal activity that threatens the health, safety, or right of peaceful enjoyment of the entire premises by other residents or employees of the landlord.
- 6 NC Gen Stat §90-95 (2019)
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(a) Except as authorized by this Article, it is unlawful for any person: (1) To manufacture, sell or deliver, or possess with intent to manufacture, sell or deliver, a controlled substance; (2) To create, sell or deliver, or possess with intent to sell or deliver, a counterfeit controlled substance…
- 7 NC Gen Stat § 42-25.9 (2021)
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(a) If any lessor, landlord, or agent removes or attempts to remove a tenant from a dwelling unit in any manner contrary to this Article, the tenant shall be entitled to recover possession or to terminate his lease and the lessor, landlord or agent shall be liable to the tenant for damages caused by the tenant’s removal or attempted removal. Damages in any action brought by a tenant under this Article shall be limited to actual damages as in an action for trespass or conversion and shall not include punitive damages, treble damages or damages for emotional distress.
- 8 NC Gen Stat § 42-37.1 (2021)
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(1) A good faith complaint or request for repairs to the landlord, his employee, or his agent about conditions or defects in the premises that the landlord is obligated to repair under G.S. 42-42;
(2) A good faith complaint to a government agency about a landlord’s alleged violation of any health or safety law, or any regulation, code, ordinance, or State or federal law that regulates premises used for dwelling purposes;
(3) A government authority’s issuance of a formal complaint to a landlord concerning premises rented by a tenant;
(4) A good faith attempt to exercise, secure or enforce any rights existing under a valid lease or rental agreement or under State or federal law; or
(5) A good faith attempt to organize, join, or become otherwise involved with, any organization promoting or enforcing tenants’ rights.
- 9 NC Rules of Civil Procedure, Rule 4 (2019)
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(a) Upon the filing of the complaint, summons shall be issued forthwith, and in any event within five days. The complaint and summons shall be delivered to some proper person for service. In this State, such proper person shall be the sheriff of the county where service is to be made or some other person duly authorized by law to serve summons…
- 10 NC Gen Stat §42-29 (2019)
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…mail a copy…to…the defendant’s last known address…within five days of the issuance of the summons…deliver a copy…to the defendant, or leave copies thereof at the defendant’s dwelling…with some person of suitable age and discretion then residing therein. If such service cannot be made the officer shall affix copies to some conspicuous part of the premises…
- 11 NC Gen Stat §42-28 (2019)
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…the clerk of superior court shall issue a summons requiring the defendant to appear at a certain time and place not to exceed seven days from the issuance of the summons, excluding weekends and legal holidays, to answer the complaint.
- 12 NC Gen Stat §42-68 (2019)
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(1) …the court shall set the matter…within the first term of court falling after 30 days from the service of the complaint on all defendants…
- 13 NC Gen Stat §42-34.1 (2019)
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(a) If the judgment in district court is against the defendant appellant, it shall be sufficient to stay execution of the judgment during the 30-day time period for taking an appeal provided for in Rule 3 of the North Carolina Rules of Appellate Procedure if the defendant appellant posts a bond as provided in G.S. 42-34(b), and no additional security under G.S. 1-292 is required.
- 14 NC Gen Stat §42-63 (2019)
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(a)…the immediate eviction of a tenant…where it finds that: (1) Criminal activity has occurred on or within the individual rental unit… (2) The individual rental unit leased to the tenant was used in any way in furtherance of or to promote criminal activity; or (3) The tenant…has engaged in criminal activity on or in the immediate vicinity of any portion of the entire premises…
- 15 NC Gen Stat §42-36.2 (2019)
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(a). …The time within which the sheriff shall have to execute the writ shall be no more than five days from the sheriff’s receipt thereof.
