In North Carolina, to evict a tenant, start by serving a compliant eviction notice. If the tenant doesn’t respond, file an eviction lawsuit at the local court, and the sheriff will serve the complaint and summons. Attend the court hearing, where the judge may issue a judgment for possession.
Afterward, obtain a writ of possession if the tenant doesn't appeal within ten days. Finally, with the sheriff's assistance, repossess the property if the tenant still remains. Evictions can be for non-payment of rent, lease violations, or illegal activities and must follow state laws to avoid illegal actions.
You can use a North Carolina eviction notice template to efficiently create a notice that follows all state guidelines. Once written, serve the notice to the tenant by any of these options:
It takes a maximum of 30 days, depending on the reason for eviction, before a landlord can file a complaint.
If the tenant does not act within the notice period, file an eviction lawsuit at the North Carolina court where the property is located. You will file a complaint in summary ejectment ( form CVM-201 ) and pay filing fees, which vary by county.
Then, the court will issue a summons ( form CVM-100 ). The sheriff’s office will serve both complaint and summons on the tenant.
If either party doesn’t attend the hearing, the other party who is in attendance may automatically win. If the court rules in the landlord’s favor — either by default or after hearing evidence — the result is called a “judgment for possession.”
An eviction hearing is scheduled within 7-30 days, depending on the location. The tenant has 30 days to appeal the judge’s ruling.
The tenant has ten days following the judgment to appeal. Otherwise, the landlord can file for a writ of possession that will lead to the eviction’s execution.
If the tenant moves out voluntarily prior to the writ, it may not need to be exercised. If they remain on the property once the writ is issued, the sheriff can forcibly remove them.
Eviction reasons in North Carolina fall into two categories known as “at-fault” and “no-fault” causes. An at-fault eviction happens when a tenant fails to pay rent, neglects their responsibilities, or violates any term set by the lease agreement.
A no-fault eviction occurs when a landlord decides not to renew a tenant’s lease while they are in good standing or needs the unit to be vacant for a reason beyond the tenant’s control.
When a tenant fails to pay rent, breaks the law, or fails to follow the rules set by the lease, a landlord can evict them. The process requires landlords to give tenants the proper amount of notice depending on the eviction reason prior to filing a lawsuit. The notice must describe:
Depending on the evicting offense, tenants will then have to act either immediately or up to 10 days before facing an eviction lawsuit.
Rent is considered due at the start of each month unless the lease agreement states otherwise. Rent payments are considered late the day after they are due, and landlords are not required to offer a grace period. However, if a clause in the lease gives a tenant a grace period for late rent, their landlord has to honor it.
A tenant who does not have a lease — known as a “tenant at will” — or a tenant whose lease is expired can be evicted without notice as long as the landlord properly ended the tenancy first. Find out how to correctly end different types of tenancies under the “No-Fault Evictions” section.
A landlord can evict a tenant for breaking the rules of the lease agreement by first serving them with a notice to comply or vacate. The time period of the notice is not specified by North Carolina law and the landlord decides whether or not a particular offense is curable.
Common examples of lease violations mentioned within state law include:
A tenant who breaks the law can be given an immediate notice to vacate. For more extreme offenses like drug trafficking, a landlord may be able to expedite the full eviction process and get the tenant removed from the unit immediately.
Any illegal activity can lead to eviction but some common examples are:
In a no-fault eviction, a landlord may decide to stop renting to a good tenant for a variety of reasons, like:
Since a landlord cannot evict without just cause during a lease’s term, they must take care to properly terminate leases. The required notice period for ending a lease depends on the duration of the rental agreement.
| Reason | Curable | Lease Type | Duration | Notice Period |
|---|---|---|---|---|
| End of Lease | No | No lease Yearly Weekly Monthly | Indefinite Yearly Weekly Monthly | Immediate One month to terminate the lease Two days to terminate the lease Seven days to terminate the lease |
| Overdue Rent | Yes | Any | Any | 10 days |
| Lease Violations | Sometimes | Any | Any | No state-mandated notice period |
| Illegal Activity | No | Any | Any | Immediate |
To protect North Carolinians, landlords are not allowed to stray from the formal eviction process or acceptable list of eviction reasons. Specifically, two types of eviction — called “self-help” and “retaliatory” evictions — are illegal in the state.
Gen. Stat. § 42-25.9 prohibits landlords from circumventing the formal eviction process by:
These acts fall under illegal “self-help” behaviors. Retaliatory evictions — which occur when a landlord exacts revenge on a tenant for exercising a right like complaining about property issues to authorities — are also prohibited.
A landlord caught participating in either of these may have to pay the tenant actual damages. The tenant can then choose whether to remain on the property or break their lease without penalty.
Regulations for how landlords should handle a tenant’s abandoned personal property after eviction are contained in NC. Gen. Stat. § 42-25.9 and NC. Gen Stat. § 42-36.2 . A landlord can choose to:
The landlord must allow the tenant to pick up their belongings within seven days at a time agreed upon during regular business hours.
After that period, the landlord can dispose of the property. If selling the items, the landlord must give the tenant a seven-day notice prior to the sale, which can be at the same time as the seven days the tenant has to retrieve their belongings.
