Understanding North Carolina's eviction process can be a challenge, especially if you're experiencing it for the first time. Eviction laws also vary from state to state and county to county, adding to the complexity (and frustration).
And while the process may seem overwhelming at first, don't worry. In this guide, we'll go over everything you need to know, including how evictions work, what a lease agreement is, and reasons to evict so you can feel prepared, whether you're landlord or tenant.
The more you follow and understand each step in the process, the more time, money, and energy you'll save in the long run. So, let's dive in.
North Carolina Eviction Process: 2025 Law Updates
North Carolina has updated several laws recently. If you're a landlord in this state, here's what you need to know about the new eviction process changes:
Squatter Removal Law (Dec. 2025)
North Carolina passed a new law introducing an expedited removal process for squatters. This is separate from the standard eviction process. Under the new process, if someone has no lease and has never paid rent, landlords can file a specific form (AOC-CVM-407) for rapid removal, which includes:
- Sheriff service within 24 hours
- Court hearing usually within 48 hours
- Removal order executed quickly (often within hours of a favorable ruling)
Attorney Fees Law (Amended 2025)
A landlord can recovery attorney's fees only if the landlord wins the eviction case and the tenant's appeal is found to be in bad faith.
How Evictions in North Carolina Work
First, what is an eviction? An eviction is a legal process allowing a landlord to remove a tenant from their property lawfully. In North Carolina, eviction is referred to as "summary ejectment" and is a type of court case typically initiated by a landlord. This step is usually taken when a tenant fails to comply with the lease agreement, does not pay rent, or if other conditions apply that warrant eviction. Even though the landlord technically owns the rental property, they cannot evict a tenant without going through the proper legal channels. This means they can't force a tenant out by changing the locks, turning off utilities, or removing doors.
Reasons to Evict
A landlord needs a reason to evict a tenant in North Carolina. There are four main reasons that may qualify for an eviction:
- Non-payment of Rent: If a tenant fails to pay rent or is behind by one day, the landlord can give the tenant a written ten-day Notice to Quit. If the tenant still doesn't pay within this period, the landlord can file for eviction eleven days after the notice was given.
- Lease Holdover: A holdover is when a tenant remains on the property after the lease has expired without the landlord's consent. In such cases, the landlord can proceed with eviction.
- Lease Violation: If a tenant breaches or violates an explicit lease condition, such as causing damage to the property, disturbing neighbors, housing pets against the lease agreement, or bringing in unauthorized tenants, the landlord can proceed with eviction.
- Criminal Activity: If criminal activity occurs on the property for which the tenant can be held responsible, the landlord can evict the tenant.
If you're a landlord, make sure to provide the tenant with a written eviction notice before initiating the process. This gives the tenant a proper heads-up and shows the court that you complied with legal terms.
The Role of the Lease/Rental Agreement in Evictions
Usually signed at the beginning of the lease, a rental agreement outlines the terms and conditions the landlord and tenant must adhere to during the rental period. It's essential for landlords and tenants to thoroughly understand the terms of their lease or rental agreement. It not only helps in maintaining a positive landlord-tenant relationship but also protects both parties' rights.
What if the tenant does not follow the lease agreement?
If a tenant fails to understand or neglects these terms and conditions, the landlord can evoke an eviction. For instance, if the agreement states that pets are not allowed on the property, and the tenant houses a pet, the landlord can initiate eviction proceedings. (We hope you don't need it, but just in case, here's our guide for removing cat odors!) Similarly, the landlord can issue an eviction notice if the tenant fails to pay rent as stipulated in the agreement.
If you need help creating a lease agreement, see our guide on lease documents for landlords, where we go over the importance of a well-structured lease agreement.
How it Works: North Carolina Eviction Process
Eviction is an emotionally frustrating experience for anyone involved. Understanding how the eviction process works can help landlords handle such situations effectively and legally.
Provide Written Notice to the Tenant
The first step in the North Carolina eviction process is providing the tenant with a written notice. North Carolina law distinguishes between different types of notices depending on the situation:
- Notice to Cure or Vacate: For curable lease violations (such as unauthorized pets), landlords can issue a "Notice to Comply or Vacate," which gives the tenant a timeframe to fix the issue before eviction process starts.
- Non-curable Notices: For serious violations, (such as criminal activity or property damage), landlords may issue a notice requiring the tenant to vacate without an opportunity to cure or "fix."
This notice also varies depending on the type of tenancy. A 2-Day Notice to Quit is required for week-to-week tenancies, a 7-Day Notice to Quit for month-to-month tenancies, and a 30-Day Notice to Quit for year-to-year tenancies.
This notice period allows the tenant time to remedy the situation (like paying overdue rent) or move out of the property to avoid eviction. It must clearly state the reason for eviction and the time given to the tenant to fix the issue or vacate.
File a Complaint in Court
If the tenant fails to comply with the notice to quit within the stipulated period, the landlord can then file a complaint in the appropriate justice court. This process often happens in a small claims court and involves filling out a "Complaint in Summary Ejectment" form. The filing fee depends on which North Carolina court is involved, but typically costs $96.
Serve the Tenant with the Summons and Complaint
The next step involves serving the tenant with the Summons and Complaint. North Carolina law stipulates that the landlord cannot do this personally. Instead, a sheriff or other legally authorized individual must serve these documents. These documents must include the date and time of the eviction hearing and must be delivered within five days of filing the complaint.
Attend the Small Claims Court Hearing
In North Carolina, tenants are not required to file an answer with the small claims court to schedule a trial. However, they must attend the hearing to provide their defense. If the case is scheduled for District Court, the tenant must file an answer within 20 days of receiving the summons.
The hearing process is relatively straightforward. The magistrate calls the cases, hears from both the landlord and the tenant, and decides based on the facts presented.
Sheriff Initiates the Eviction
Following a judgment in favor of the landlord, the eviction process enters its final stage. After the 10-day appeal period, the landlord can obtain a "Writ of Possession" from the court. This writ allows the sheriff to remove the tenant within five days.
An Important Note
North Carolina still requires eviction filings and summons to be served through an authorized method, and proof of service must be filed with the court before a court hearing can proceed. If proof of service isn't filed, the eviction suit can be dismissed.
Types of Eviction Notices
The type of eviction notice a landlord must serve to a tenant depends on the reason for eviction and the lease agreement in place. Each notice must contain specific information, including the reason for eviction and the time given to the tenant to rectify the situation or vacate the property. Let's explore these different eviction notices in detail.
10-Day Notice for Non-Payment of Rent
Non-payment of rent is the most common cause for eviction in North Carolina. If tenants fail to pay their rent on time, landlords can issue a 10-day "notice to quit." This notice informs the tenant that they have ten days to pay the overdue rent. If the tenant fails to pay within this period, the landlord can proceed with eviction.
30-Day Notice for Year-to-Year Lease
For tenants with a year-to-year lease, landlords must provide a 30-day notice to vacate at the end of the lease term. This notice informs the tenant of the landlord's intention not to renew the lease agreement. The landlord can initiate eviction proceedings if the tenant fails to vacate the property within the 30-day notice period.
7-Day Notice for Month-to-Month Lease
North Carolina law requires landlords to provide a 7-day notice to terminate the lease for month-to-month lease agreements. This notice should specify the date the tenant must leave the property. The landlord can file an eviction lawsuit if the tenant does not vacate by the given date.
2-Day Notice for Week-to-Week Lease
In the case of week-to-week lease agreements, a landlord must provide a 2-day notice to end the lease. As in the other cases, the landlord can proceed if the tenant does not leave by the date specified in the notice.
Tenant Rights and Protections in North Carolina
Understanding your tenant's rights is one of the most critical aspects of being a landlord or property manager. The law provides several protections for tenants in North Carolina, so you must be well-informed about these rights to make sure you stay compliant. It's important to remain in compliance even during the eviction process and dealing with lease violations.
Right to Court Process Before Removal
As mentioned, a tenant cannot be removed from a property without due process. This process is designed to ensure that evictions are carried out fairly and legally for both parties.
Right to Keep Belongings Before Eviction
Another important protection for tenants in North Carolina is the right to keep their belongings before eviction. According to North Carolina law, a landlord does not have the right to seize a tenant's belongings as collateral for unpaid rent. This protection remains in place even if an eviction judgment has been issued by a court.
Right to Appeal an Unfavorable Decision
In North Carolina, tenants also have the right to appeal an unfavorable eviction decision. If a tenant disagrees with the eviction judgment, they can challenge the decision in court. This process can be complex and may require legal assistance, but it is an important right that tenants have when facing eviction.
Legal Help and Understanding Landlord-Tenant Law
While navigating the eviction process can be challenging, tenants in North Carolina are not alone. There are several resources available for legal help and understanding of landlord-tenant laws. Legal Aid of North Carolina offers a Housing Helpline for tenants facing eviction, and other organizations, such as the Dispute Resolution Center in Cumberland County, offer mediation services.
Eviction Tips & Resources for Landlords
Evictions can be a stressful and complex process for landlords. As a landlord, it's important to utilize the tools and resources that can help you tackle this challenge head-on. This means keeping documentation of all rent payments, lease agreements, and anything else pertinent during the entire rental process.
It's also important to thoroughly screen each tenant before you let them move in. Everything from references to background checks and finance checks can make a difference in the quality of tenants. If you find yourself initiating an eviction and need specific law advice, we recommend contacting an attorney specializing in North Carolina law. Even a free consultation can often help point you in the right direction.
Eviction Fee Recovery for North Carolina Landlords
In North Carolina, a landlord may be awarded recovery fees if the court rules in their favor. Here's how it works:
- Complaint-filing fee: Up to 5% of monthly rent or $15 (whichever is greater).
- Court appearance fee: Up to 10% of monthly rent if the landlord prevails.
- Second trial fee: Up to 12% of monthly rent if the case is retried after an appeal.
- Attorney’s fees and court costs may be recoverable if the lease allows.
North Carolina Eviction Timeline
Total time can range from 1-3 months, varying with courts. The North Carolina eviction timeline begins with a notice (e.g., 10 days for non-payment). It is then followed by filing a complaint and summons, with a hearing within 7-30 days. After the court makes a decision, the tenant has 10 days to appeal or move before a Writ of Possession is issued, which gives the Sheriff 10 days to evacuate tenants and ensure they have enough time to remove their belongings.
Remember: Timelines Vary By County
While eviction can theoretically be quick, local court calendars and tenant defenses can extend the timeline far beyond the simple 2–6 weeks often cited. In some cases, uncontested evictions still take up to 100+ days total from notice to possession.
Property Management Software to Your Advantage
Property management software, like TenantCloud, takes the hassle out of everyday tasks associated with property management, including assisting in the eviction process. Keeping your records organized and thoroughly documented means fewer chances of misunderstandings or mistakes down the road.
Try a software that includes these landlord benefits:
- Easy Rent Collection: One of the main reasons for eviction in North Carolina is non-payment of rent. As a landlord, non-payment will be less likely if you can invest in software that makes rent collection seamless and efficient. (Hint: Our online rental payment tools make it easy for tenants to pay their rent instantly from their phones using the TenantCloud app. It also helps track each tenant's payments and creates financial reports automatically.)
- Landlord-Tenant Communication: Communication is key to a harmonious landlord-tenant relationship, and misunderstandings or lack of communication can sometimes lead to eviction scenarios. Ensure your software allows for clear and direct communication between landlords and tenants. Our tools let landlords send messages to tenants and provide a place for tenants to send maintenance requests easily.
- Tenant Screening: Properly screening tenants before they move in can save you from evicting them later on. Find property management software that makes the screening process easy, such as our portal that allows you to do background checks, finance checks, and more.
Conclusion
By understanding and adhering to the eviction law in North Carolina, you're not only upholding your rights as a landlord but also respecting your tenants' rights and cultivating a positive, respectful landlord-tenant relationship.
Navigating the eviction process for the first time can be a challenging part of property management. Now that you understand the process better and have all the tools and resources at your fingertips, you can handle evictions legally and effectively.
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