Evicting a tenant in North Carolina can take around 1 to 3 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 the terms of the lease
- Committing illegal activity
Depending on the grounds for eviction, the landlord must give proper notice and provide the tenant a chance to cure the violation.
| Grounds | Notice Period | Curable? |
| Nonpayment of Rent | 10 Days | Yes |
| End of Lease or No Lease | 7 Days | No |
| Lease Violation | No Statute | Maybe |
| Illegal Activity | Immediate | No |
Nonpayment of Rent
In North Carolina, a landlord can evict a tenant for not paying rent on time. To do so, the landlord must first serve the tenant a 10 days’ notice to quit, which gives the tenant a chance to pay the balance due or move out.
Unless the lease states otherwise, rent is due at the beginning of each month and is considered late in North Carolina the day immediately after its due date. North Carolina landlords are not required to give tenants a rent payment grace period. However, if the lease or rental agreement allows for one, then the landlord must honor it.
If rent is due on May 1st, it will be considered late starting on May 2nd, unless the lease specifically states there is a grace period.
If the tenant does not pay the balance due or move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.
End of Lease or No Lease
In North Carolina, a landlord can evict a tenant who does not have a lease (“tenant at will”) or has a lease that has terminated and continues to remain on the premises (“holdover tenant”). To do so, the landlord must first terminate the tenancy by giving the tenant a proper 7-day notice to move out.
If the tenant does not move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.
Lease Violations
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. To do so, the landlord must first serve the tenant a notice to comply or vacate.
Landlords are not legally required to give tenants a chance to fix the issue. So at the discretion of the landlord, the tenant can either correct the violation within the timeframe specified by the landlord or move out.
Examples of lease violations include:
- Failing to maintain the premises in a clean and sanitary manner
- Allowing unauthorized persons or pets to reside in the rental unit
- Refusing to allow the landlord access to the premises
- Causing minor property damage
- Tampering with smoke/carbon monoxide detectors
- Failing to notify the landlord in writing regarding a smoke/carbon monoxide detector in need of repair
If the tenant does not fix the issue or move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.
Illegal Activity
In North Carolina, a landlord can evict a tenant for committing illegal activity. The landlord is not legally required to provide a prior notice to the tenant and may immediately proceed with an eviction lawsuit at the courthouse.
In North Carolina, illegal activity includes:
- Causing willful and unlawful destruction to the premises
- Committing criminal activity that affects the health or safety of others
- Burning any fence, wall or any other enclosure on the premises
- Cutting or destroying any timber, fruit, shade or ornamental tree on the premises
- Possessing, distributing or manufacturing controlled substances
In some cases, an immediate expedited eviction may be available for criminal activity, such as drug trafficking.
Illegal Evictions in North Carolina
In North Carolina, there are a few different types of evictions that are illegal. If found liable, the landlord could be required to pay the tenant actual damages sustained.
“Self-Help” Evictions
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.
In North Carolina, all evictions follow the same process:
- Landlord serves tenant with written notice
- Landlord files complaint with court for unresolved violations
- Court holds hearing and issues a judgment
- Writ of possession is issued
- Possession of property is returned to the landlord
Step 1: Landlord Serves Notice To Tenant
A landlord can begin the eviction process in North Carolina by serving the tenant with notice. North Carolina law is not specific on requirements for serving an initial eviction notice, so landlords may use any method which conveys the necessary information in an effective manner. The following methods, used for serving official court business, represent the legal gold standard in the state:
- Hand delivery to the tenant
- Hand delivery to a person of suitable age and discretion at the tenant’s dwelling or usual place of abode, who can accept the notice on behalf of the tenant
- Delivery by registered or certified mail, return receipt requested, addressed and delivered to the tenant
Mailed notice extends the notice period by three (3) calendar days, to account for variable delivery times.
Landlords should always keep the original signed notice and declaration of service as proof of proper service if the case proceeds to court.
10-Day Notice To Quit
In North Carolina, if a tenant is late on paying rent (full or partial), the landlord can serve them a 10-Day Notice To Quit. This eviction notice gives the tenant 10 days to pay the balance due or move out.
7-Day Notice To Vacate
For a tenant with no lease or a month-to-month lease in North Carolina, the landlord can serve them a 7-Day Notice To Vacate to terminate the tenancy. This lease termination notice allows the tenant 7 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 |
Notice To Comply or Vacate
In North Carolina, if a tenant violates the terms of their lease or legal responsibilities, the landlord can serve them a Notice To Comply or Vacate. This eviction notice gives the tenant a chance to fix the issue or move out.
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. Within 5 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 deliver 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
- Post a copy in a conspicuous place of the premises
The summons and complaint must be served on the tenant within 5 days of the date the complaint was filed with the court.
Step 3: Court Holds Hearing and Issues Judgment
If the eviction hearing is filed in small claims court, it could be held as soon as within 7 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.
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.
The writ of possession will be issued 10 days after the ruling in favor of the landlord.
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 5 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.
Once the writ has been posted, the tenant has up to 5 days to move out of the rental unit, depending on the reason for the eviction.
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
North Carolina Eviction 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 |
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 §42-14 (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…
- 3 NC Gen Stat § 42-43
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The tenant shall:
(1) Keep that part of the premises that the tenant occupies and uses as clean and safe as the conditions of the premises permit and cause no unsafe or unsanitary conditions in the common areas and remainder of the premises that the tenant uses.
(2) Dispose of all ashes, rubbish, garbage, and other waste in a clean and safe manner.
(3) Keep all plumbing fixtures in the dwelling unit or used by the tenant as clean as their condition permits.
(4) Not deliberately or negligently destroy, deface, damage, or remove any part of the premises, nor render inoperable the smoke alarm or carbon monoxide alarm provided by the landlord, or knowingly permit any person to do so.
(5) Comply with any and all obligations imposed upon the tenant by current applicable building and housing codes.
(6) Be responsible for all damage, defacement, or removal of any property inside a dwelling unit in the tenant’s exclusive control unless the damage, defacement or removal was due to ordinary wear and tear, acts of the landlord or the landlord’s agent, defective products supplied or repairs authorized by the landlord, acts of third parties not invitees of the tenant, or natural forces.
(7) Notify the landlord, in writing, of the need for replacement of or repairs to a smoke alarm or carbon monoxide alarm. The landlord shall ensure that a smoke alarm and carbon monoxide alarm are operable and in good repair at the beginning of each tenancy.
Source Link - 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.
- 16 North Carolina Court Rules of Civil Procedure - Rule 4
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Process – Manner of service to exercise personal jurisdiction. –
In any action commenced in a court of this State having jurisdiction of the subject matter and grounds for personal jurisdiction as provided in G.S. 1-75.4, the manner of service of process within or without the State shall be as follows:
(1) Natural Person. – Except as provided in subdivision (2) below, upon a natural person by one of the following:
a. By delivering a copy of the summons and of the complaint to the natural person or by leaving copies thereof at the defendant’s dwelling house or usual place of abode with some person of suitable age and discretion then residing therein.
b. By delivering a copy of the summons and of the complaint to an agent authorized by appointment or by law to be served or to accept service of process or by serving process upon such agent or the party in a manner specified by any statute.
c. By mailing a copy of the summons and of the complaint, registered or certified mail, return receipt requested, addressed to the party to be served, and delivering to the addressee.
Source Link - 17 North Carolina Court Rules of Civil Procedure - Rule 6(e)
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Additional time after service by mail. – Whenever a party has the right to do some act or take some proceedings within a prescribed period after the service of a notice or other paper upon him and the notice or paper is served upon him by mail, three days shall be added to the prescribed period.
Source Link
