What is the eviction process in North Carolina?

North Carolina eviction (summary ejectment) is governed by N.C. Gen. Stat. Chapter 42, Article 3.

1. Notice

Nonpayment: 10-day demand for rent (N.C.G.S. § 42-3). Tenant may pay during the 10 days to cure.

Lease violation: Notice as required by lease; many leases require 10-day notice or are silent.

Holdover after term: Notice depends on tenancy: 2 days for week-to-week; 7 days for month-to-month; 1 month for year-to-year (§ 42-14).

Criminal activity: Expedited process under § 42-59.1.

2. Filing Summary Ejectment

Landlord files Form CVM-201 in the Small Claims Division of the District Court (heard by a magistrate). Filing fee is $96 plus $30 sheriff service.

3. Service and Trial Date

Sheriff serves the tenant. Trial must be set no more than 7 days after issuance of the summons (N.C.G.S. § 42-28).

4. Magistrate Hearing

Informal trial before a magistrate. No jury at this stage. Tenant may pay all rent owed before judgment to defeat a nonpayment claim (§ 42-33).

5. Judgment and Appeal

Magistrate enters judgment immediately. Either party may appeal de novo to the District Court within 10 days by paying costs and posting bond (§ 42-34). Tenant must continue paying rent into the court during appeal.

6. Writ of Possession

If no appeal, clerk issues a writ of possession after the 10-day appeal period. Sheriff executes the writ within 5 days of receiving it (§ 42-36.2).

7. Sheriff Lockout

Sheriff posts notice and conducts the lockout, padlocking the premises. Tenant has 7 days to retrieve personal property (§ 42-25.9).

8. Tenant Defenses

Implied warranty of habitability with rent abatement (§ 42-42), retaliation (§ 42-37.1), payment of rent and costs before judgment, illegal self-help eviction (§ 42-25.6), improper notice, and fair housing claims.

This is legal information, not legal advice.