What is the eviction process in North Carolina?

1. Statutory Framework. North Carolina eviction is Summary Ejectment under N.C. Gen. Stat. Ch. 42 Art. 3 (§§ 42-26 to 42-36.2), with related landlord-tenant provisions in Ch. 42 Art. 5.

2. Pre-Filing Notice. Nonpayment requires a 10-day demand for rent before filing (N.C. Gen. Stat. § 42-3), unless the lease expressly waives it. Month-to-month tenancies require 7 days' notice; year-to-year tenancies require 1 month (§ 42-14). Lease violations follow the lease's notice provisions; absent a clause, a reasonable cure notice is recommended.

3. Filing the Complaint. File a Complaint in Summary Ejectment (Form AOC-CVM-201) in small claims court before the magistrate. Filing fee is approximately $96 plus $30 sheriff service.

4. Tenant Answer / Default. Tenant is not required to file a written answer; appears at the magistrate hearing set within 7 days of service. If tenant fails to appear, default judgment issues.

5. Hearing. Magistrate hears the case in summary fashion. Defenses include implied warranty of habitability (N.C. Gen. Stat. § 42-42), retaliatory eviction (§ 42-37.1), and federal Fair Housing Act discrimination. Either party may appeal de novo to district court within 10 days.

6. Writ of Possession. Writ of possession may be issued after the 10-day appeal period and must be executed by the sheriff within 5 days of receipt (N.C. Gen. Stat. § 42-36.2).

7. Self-Help Prohibition. N.C. Gen. Stat. § 42-25.6 prohibits any self-help eviction; only the sheriff acting under a writ of possession may remove the tenant. § 42-25.9 allows the tenant to recover damages and attorney's fees.

8. CARES Act. Federally-backed properties require a 30-day notice to vacate under 15 U.S.C. § 9058 prior to filing for nonpayment.

9. Just-Cause. North Carolina has no statewide just-cause requirement.

This is legal information, not legal advice.