North Carolina landlords trying to evict a tenant often find themselves caught between frustration and confusion. This guide explains everything you need to know by explaining the North Carolina eviction process and laws, common eviction reasons, step-by-step procedures, timelines, and key landlord-tenant laws.
How North Carolina Law Defines Eviction
Eviction in North Carolina is a landlord’s legal removal of a tenant from a rental unit through the court system. Every step must follow strict legal protocols to protect both parties and prevent unlawful removal.
You can find North Carolina’s eviction laws in Chapter 42 of the General Statutes, which outlines notice requirements, court filings, and landlord-tenant obligations.
Eviction With Just Cause
In North Carolina, “just cause” refers to a legally valid reason that allows a landlord to seek eviction, such as failure to pay rent or violating lease terms.
Landlords in North Carolina can evict tenants only with just cause, and state law restricts evictions to specific grounds, such as nonpayment of rent, lease violations, illegal activity on the property, and other legally recognized reasons. Each case must follow proper notice and court procedures before a landlord can regain possession.
For landlords and tenants alike, just cause defines fairness in the eviction process. To prove just cause, landlords should keep detailed records of rent payments, lease breaches, and notices to support their claim if the dispute proceeds to court.
Applicable law: N.C. Gen. Stat. § 42-26, N.C. Gen. Stat. § 42-30
No-Fault Evictions
Landlords in North Carolina can remove tenants without just cause only after a fixed-term lease naturally expires. Once the lease ends, they may choose not to renew it for any lawful reason, provided they don’t violate anti-discrimination or landlord retaliation laws.
For month-to-month tenants, landlords may end the tenancy at any time by giving proper written notice of at least 7 days before the next rent due date. This law allows flexibility for both parties but still requires clear communication to avoid disputes.
Applicable law: N.C. Gen. Stat. § 42-14, N.C. Gen. Stat. § 42-26
Grounds for Eviction in North Carolina
North Carolina law allows landlords to remove tenants for several lawful and clearly defined reasons, including:
Lease Violations
A rental agreement defines the rules that shape the landlord-tenant relationship. When tenants ignore those terms, landlords in North Carolina can begin eviction proceedings under state law.
Common examples of lease violations include:
- Hosting loud weekend parties that generate repeated noise complaints and police visits
- Bringing in an unauthorized pet when the lease clearly prohibits animals
- Listing the property on Airbnb and subletting it without the landlord’s written consent
A straightforward, compliant lease agreement protects both parties by setting boundaries and expectations upfront. Landlords and tenants should review it carefully, comply with each condition, and resolve issues early to avoid legal consequences.
Applicable law: N.C. Gen. Stat. § 42-26, N.C. Gen. Stat. § 42-32
Non-Payment of Rent
In North Carolina, rent is due on the date stated in the lease, and tenants receive a 5-day grace period before payment counts as late. If that window closes without full payment, the landlord can issue a 10-day Notice to Pay Rent or Quit, giving the tenant one final chance to pay or move out.
When rent goes unpaid, communication is paramount. Landlords should document payment attempts, keep written records, and issue the notice promptly to stay compliant with state law. For tenants, catching up within that 10-day window can stop the eviction before it reaches court.
Applicable law: N.C. Gen. Stat. § 42-3, N.C. Gen. Stat. § 42-26
Illegal Use of the Premises
Under North Carolina law, landlords can evict tenants who engage in illegal activity on or around the rental property. Whether a tenant is dealing drugs out of the apartment, operating an illegal gambling ring in the garage, committing theft or vandalism on the premises, or using the property to store stolen items, the landlord can file for eviction under state law.
Acting swiftly and maintaining detailed records of each incident helps ensure compliance and supports the landlord’s case in court.
Applicable law: N.C. Gen. Stat. § 42-26, N.C. Gen. Stat. § 42-59
Tenant Actions that Threaten Health or Safety
In North Carolina, landlords can evict tenants whose behavior endangers the safety or health of others or causes severe property damage. State law supports eviction when tenants violate health, building, or fire codes, or engage in conduct that makes the unit uninhabitable.
Examples of health and safety violations in North Carolina include:
- Covering sprinkler heads with plastic bags to avoid triggering them during indoor smoking sessions
- Letting mold spread across bathroom walls by refusing to report leaks for months
- Leaving a back door broken and unlocked for weeks, exposing neighbors to security risks
Landlords should document each violation, provide written notice, and take swift action to maintain safe living conditions. For more on landlord and tenant obligations, review the North Carolina warranty of habitability guide.
Applicable law: N.C. Gen. Stat. § 42-26, N.C. Gen. Stat. § 42-43
Destruction or Neglect of the Rental Unit
In North Carolina, landlords can evict tenants who intentionally or carelessly damage the rental property. State law treats actions such as breaking windows, damaging walls, or destroying appliances as legitimate grounds for eviction when they exceed ordinary wear and tear.
To prove property damage, landlords should gather strong evidence: dated photos, videos, written inspection reports, and repair receipts all help establish the tenant’s responsibility.
Applicable law: N.C. Gen. Stat. § 42-26, N.C. Gen. Stat. § 42-43
Tenant is in a Month-to-Month Rental Contract
North Carolina landlords can end a month-to-month lease at any time without providing a reason. They must give the tenant 7 days’ written notice before the next rental period begins, using a proper Notice to Quit form. If the tenant remains after the notice period expires, the landlord may file an eviction case in small claims court.
Applicable law: N.C. Gen. Stat. § 42-14, N.C. Gen. Stat. § 42-26
Step-by-Step Eviction Process in North Carolina
Landlords in North Carolina must follow a seven-step legal process to evict a tenant. Each stage (from notice delivery to court judgment) requires strict compliance with state law to ensure the eviction remains valid:
Here are the steps landlords must take, in order:
1. Deliver Notice to the Tenant
The eviction process in North Carolina begins when the landlord identifies a valid reason to remove a tenant. The landlord must serve the appropriate notice based on the cause (such as unpaid rent, a lease violation, or illegal activity), and allow time to correct the issue when state law requires it.
Tenants don’t always get the chance to fix a violation, however. Severe misconduct, including criminal activity or intentional property damage, may justify immediate eviction without a cure period. North Carolina law requires landlords to deliver notices properly, either by hand, Certified Mail, or leaving the notice with someone of suitable age at the rental property. Improper service can delay or invalidate the eviction.
Notice Forms & Timelines
- 10-Day Notice to Pay Rent or Quit: Required when a tenant fails to pay rent. Gives 10 days to pay in full or move out.
- Notice to Comply or Vacate: Used for curable lease violations, such as unauthorized pets or minor property damage. Timelines depend on lease terms.
- Notice to Quit (Immediate): Applies to serious, non-curable violations like criminal activity or intentional destruction of property.
- 7-Day Notice to Quit (Month-to-Month Tenancy): Used to end a month-to-month rental agreement without cause. Must be given at least 7 days before the next rent period.
Applicable law: N.C. Gen. Stat. § 42-3, N.C. Gen. Stat. § 42-14, N.C. Gen. Stat. § 42-26
2. File an Eviction Lawsuit Against the Tenant
Once the notice period ends (or if the tenant fails to correct a curable violation), the landlord will proceed by filing a Summary Ejectment Complaint with the North Carolina District Court in the county where the rental property is located. The landlord will include the lease, a copy of the eviction notice, and any supporting documentation.
After filing, the landlord will pay a court filing fee of about $100, plus a $30 sheriff’s service fee to deliver the summons and complaint to the tenant. The clerk of court will then process the filing and assign a court date, typically scheduled within 7 to 10 days after filing.
Applicable law: N.C. Gen. Stat. § 42-28, N.C. Gen. Stat. § 7A-228
3. Serve Court Summons Paperwork to the Tenant
Once the North Carolina clerk sets a court date for eviction, the landlord will arrange for the county sheriff to serve the Summons and Complaint in Summary Ejectment to the tenant. The sheriff will deliver these papers in person, by mailing a copy, or by posting them on the rental property if personal service is unsuccessful. Afterward, the sheriff will complete a Return of Service form and file it with the court to confirm delivery.
Upon receiving the summons, the tenant need not file a written response but must appear in small claims court on the assigned hearing date to present their defense. Both the landlord and tenant will attend the hearing, where the magistrate will review the evidence and determine possession of the property.
Applicable law: N.C. Gen. Stat. § 42-29, N.C. Gen. Stat. § 1A-1, Rule 4
4. Attend the Eviction Hearing
On the scheduled court date, both the landlord and the tenant (or their attorneys) will appear in North Carolina Small Claims Court to argue their cases. The landlord will lay out the eviction’s cause, show rent records, and detail lease violations, while the tenant will defend themselves with proof of payment, maintenance complaints, or evidence of improper notice.
The magistrate will study all evidence at their disposal: the lease, eviction notice, receipts, inspection notes, and witness statements if needed. They may ask direct questions or request extra documents to clarify details. After reviewing all testimony and evidence, the magistrate will deliberate to weigh the facts before issuing a ruling.
Applicable law: N.C. Gen. Stat. § 42-30, N.C. Gen. Stat. § 7A-223
5. Magistrate Reaches a Ruling
After reviewing all testimony, documents, and witness statements, the magistrate will reach a decision. In North Carolina, this ruling typically occurs on the same day as the hearing or within a few days, depending on the court’s schedule and the case’s complexity.
If the magistrate rules in favor of the tenant, they will keep possession of the property, and the case will end. If the magistrate rules in favor of the landlord, the court will issue a Judgment for Possession, allowing the landlord to request a Writ of Possession to remove the tenant. Tenants who disagree with the outcome will have 10 days from the judgment date to file an appeal in District Court and continue living in the unit by posting an appeal bond.
Applicable law: N.C. Gen. Stat. § 42-30, N.C. Gen. Stat. § 7A-228
6. Magistrate Issues a Judgment for Possession & Writ of Possession
If the magistrate rules in favor of eviction, they will issue a Judgment for Possession, officially granting the landlord the right to repossess the property. The tenant will then have 10 days to either appeal or move out before the landlord takes the next step.
After that deadline passes, the landlord will request a Writ of Possession, which tells the county sheriff to remove the tenant if they still haven’t left. It’s the final action in North Carolina’s eviction process.
Applicable law: N.C. Gen. Stat. § 42-30, N.C. Gen. Stat. § 42-36.2
7. Law Enforcement Executes the Writ of Possession
If the 10-day appeal period ends and the tenant still refuses to leave, the landlord will call the county sheriff’s office to enforce the Writ of Possession. The sheriff will schedule a specific date to remove the tenant and return the property. Only the sheriff can physically carry out the eviction in North Carolina (landlords can’t take matters into their own hands).
When tenants leave personal items behind, the landlord must keep them on the property for 7 days after the sheriff’s set-out. During that time, the tenant can reclaim their belongings by covering any storage or removal costs. Once 7 days pass, the landlord can dispose of or sell what’s left and finally regain complete control of the unit.
Applicable law: N.C. Gen. Stat. § 42-36.2, N.C. Gen. Stat. § 42-25.9
Tenant Defense Against Eviction in North Carolina
An eviction can harm credit scores, stall future rental applications, and even hurt job prospects. Still, tenants aren’t powerless. With the right strategy, they can stand their ground, protect their rights, and challenge unlawful or unfair evictions effectively.
A few savvy moves can make a world of difference. Tenants should keep written records of every conversation, hang on to rent receipts, and respond to notices the moment they arrive. Honest communication can go a long way; sometimes, a direct conversation about late rent or repair issues can stop the process before it gains traction.
When the pressure starts to build, legal help can steady things fast. Tenants can contact Legal Aid of North Carolina, which offers free or affordable legal assistance to residents dealing with eviction or housing disputes (and often helps before things ever reach court).
Timelines to Expect
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 the North Carolina Eviction Process
Typical Court Fees
The cost of an eviction in North Carolina for all filing, court, and service fees varies on the amount of the claim. For cases filed in Magistrate Small Claims Court (used for claims under $10,000), the average cost is $156. For cases filed in District Court (for claims over $10,000), the average cost is $210.
| Fee | Magistrate Small Claims | District |
| Initial Court Filing | $96 | $150 |
| Summons Service | $30 | $30 |
| Writ of Possession Service | $30 | $30 |
| Notice of Appeal Filing (Optional) | $150 | $150 |
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