North Carolina Eviction Process

How to Evict a Tenant in North Carolina (5 Steps)

Step 1 – Write and Serve Eviction Notice

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:

• Hand delivery to the tenant.
• Hand delivery to a person of suitable age and discretion who resides with the tenant.
• Delivery by registered or certified mail with return receipt requested, which will extend the notice time period by three days.

Step 2 –  File Lawsuit

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.

Step 3 – Attend Hearing

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.”

Step 4 – Obtain Writ of Possession

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.

Step 5 – Repossess the Property

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

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.

At-Fault Evictions

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:

• The evicting offense.
• Whether the tenant can “cure” — or fix — the problem to avoid eviction.
• How long the tenant has to either solve the issue or move out.
• What will happen if they fail to act.

Depending on the evicting offense, tenants will then have to act either immediately or up to 10 days before facing an eviction lawsuit.

1. Notice for Unpaid Rent

Overview:

• Serve the tenant with a 10-day notice.
• This offense is curable, so the tenant can pay what they owe to stop the eviction process.
• Learn more by reading NC. Gen. Stat. § 42-3.

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.

2. Term Expiration

Overview:

• No notice is necessary after a lease has been properly ended or has expired.
• This offense is not curable and the landlord can seek eviction the day after the lease is done.

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.

3. Lease Violation

Overview:

• No specific notice time period is mentioned in North Carolina law for lease violations.
• A specific offense under this umbrella may be curable at the landlord’s discretion, so the tenant may be able to fix the problem to keep living at the property.
• Learn more by reading NC. Gen. Stat. § 42-43.

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:

• Allowing unauthorized people or pets to live on the property.
• Not letting the landlord lawfully enter the premises.
• Causing minor and fixable property damage.
• Failing to keep the rental unit and surrounding areas clean and sanitary.
• Tampering with smoke or carbon monoxide detectors.
• Not properly notifying the landlord about a smoke or carbon monoxide detector that needs repairing.

4. Illegal Activity

Overview:

• Serve the tenant with an immediate notice to vacate.
• This offense is not curable, and the landlord can seek eviction immediately.
• Learn more by reading NC. Gen. Stat. §§ 42-11, 42-59, 42-63, and 90-95.

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:

• Having, using, making, or distributing illegal drugs on the property.
• Causing significant property damage on purpose.
• Negatively impacting the health or safety of others on or near the property.
• Burning or destroying any fence or enclosure on the premises.
• Cutting or destroying any trees on the premises.

No-Fault Evictions

In a no-fault eviction, a landlord may decide to stop renting to a good tenant for a variety of reasons, like:

• The landlord or an immediate family member wants to move into the property.
• The landlord sells the property to a party that no longer wishes to rent it out.
• The landlord plans to extensively renovate or convert the property into something else.

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.

1. How To End a Week-to-Week Lease

Overview:

• Serve the tenant with a two-day notice to terminate the tenancy.
• No-fault evictions are not curable.
• Learn more by reading NC. Gen. Stat. § 42-14.

2. How To End a Month-to-Month Lease

Overview:

• Serve the tenant with a seven-day notice to terminate the tenancy.
• No-fault evictions are not curable.
• Learn more by reading NC. Gen. Stat. § 42-14.

3. How To End a Year-to-Year Lease

Overview:

• Serve the tenant with a one-month notice to terminate the tenancy.
• No-fault evictions are not curable.

Learn more by reading NC. Gen. Stat. § 42-14.

Eviction Timeline

Tenant Rights in North Carolina

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.

Illegal Evictions

Gen. Stat. § 42-25.9 prohibits landlords from circumventing the formal eviction process by:

• Changing locks.
• Shutting off utilities.
• Removing tenant belongings.
• Issuing threats.

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.

Abandoned Property

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:

• Allow a tenant’s personal property to remain on the premises.
• Have the sheriff remove and store the property at a warehouse, the cost of which the tenant is ultimately responsible for but the landlord may have to pay in advance.
• If valued under $750, deliver the property to a nonprofit organization to hold for 30 days before giving away or selling the property at a nominal cost to an in-need population.

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.

Resources

• Advice on handling landlord/tenant issues in North Carolina from the state’s judicial branch.
• Information about the eviction process for tenants from North Carolina 211.
• Legal Aid of North Carolina’s eviction guide.