North Carolina Eviction Process: Timeline & Steps for Renters

Evictions & Lease Violations North Carolina published: June 21, 2025 Flag of North Carolina

If you’re a renter facing eviction in North Carolina, understanding the eviction timeline and each step is crucial to protect your rights and respond appropriately. This guide breaks down what happens during the eviction process, what forms are involved, and where to get help—all with renters in mind, using clear language.

Understanding Eviction in North Carolina: Overview

Eviction is the legal process a landlord must follow to remove a tenant from rental property. Landlords can’t just lock you out or remove your belongings without a court order. The primary court handling residential evictions in North Carolina is the North Carolina District Court (small claims division).

North Carolina eviction protections and procedures are spelled out in the North Carolina General Statutes Chapter 42, Article 3 – Summary Ejectment.1

Step-by-Step Eviction Timeline in North Carolina

1. Written Notice from Landlord

Before filing for eviction (known as "summary ejectment"), your landlord must generally provide you with written notice. The type and length of notice depends on the reason—most commonly:

  • Nonpayment of Rent: No specific statutory notice period is required, except what your lease says. Landlords often use a 10-day notice to pay or quit.
  • Lease Violation/Other Causes: You might receive a notice to correct a violation or vacate within a timeframe as set by your lease. Month-to-month leases usually require a 7-day notice to terminate.1

2. Filing for Eviction in Court

If the notice period passes and the issue isn’t resolved, the landlord can file an eviction case in small claims court. Here’s the official form used:

  • Complaint in Summary Ejectment (Form AOC-CVM-201)
    When Used: The landlord files this with the county courthouse to start the eviction process.
    Example: If your landlord says you owe rent and you haven’t paid within the notice period, they file this form.
    View Complaint in Summary Ejectment (AOC-CVM-201)

You will receive official court papers (a summons and a copy of the complaint) usually served by the sheriff or a process server.

3. Court Hearing

An eviction hearing is typically scheduled within 7 days after the landlord files the complaint. You have the right to attend, present your side, and bring any evidence or witnesses. If you disagree with the eviction or believe you have a valid defense, this is your chance to explain your situation.

Ad

4. Court Decision & Judgment

If the judge decides in the landlord's favor, a judgment for possession will be made. If you win, you can stay in your home. If you lose, you have 10 days to:

Tip: If you appeal, you may need to pay a bond or rent in a court account during the appeal.

5. Writ of Possession: Final Stage

If you haven’t moved out 10 days after the judgment, your landlord can request a Writ of Possession (Form AOC-CVM-901) from the court. This authorizes the sheriff to remove you and your belongings if needed.

The sheriff will give you a final notice (usually 2-7 days) before performing the physical eviction.

Quick Summary Timeline

  • Notice from landlord: Varies (pay/quit or cure/quit, or what's in your lease)
  • Filing of eviction with court: Next day after notice period if unresolved
  • Eviction hearing date: Typically within 7 days
  • Judgment: Day of hearing
  • Time to appeal: 10 days
  • Sheriff locks out tenant: A few days after writ if no appeal or move out
If you're uncertain about your eviction notice or rights, contact a local legal aid office right away—timing matters.

Key Eviction Forms for North Carolina Renters

  • Complaint in Summary Ejectment (AOC-CVM-201): Filed by landlord to start the court eviction. See form & instructions.
  • Notice of Appeal (AOC-CVM-303): Used by tenants to challenge an eviction ruling. See form & instructions.
  • Writ of Possession (AOC-CVM-901): Lets sheriff remove the tenant after a court decision. See form.

Your Rights & Where to Get Official Help

  • Landlords can only evict with a court order—self-help eviction (changing locks, removing doors, etc.) is illegal.
  • You have the right to attend your court hearing, present evidence, and access a translator if needed.
  • Appeals must be filed within 10 days of the court judgment.

North Carolina Courts – Evictions Help page has more details on the eviction process and tenant resources.

Frequently Asked Questions About North Carolina Evictions

  1. How much notice does a landlord have to give before evicting in North Carolina?
    It varies. For unpaid rent, your landlord may not be required by law to give a formal notice, but check your lease—many require a 10-day warning. Month-to-month leases usually need a 7-day notice.
  2. How long does it take to be evicted in North Carolina?
    The full process—from notice to lockout—can take as little as 2–5 weeks, but exact timing depends on hearing dates, appeals, and sheriff availability.
  3. Can a landlord remove me without a court order?
    No. Lockouts, utility shutoffs, or removing your property without a court order (Writ of Possession) are illegal in North Carolina.
  4. What can I do if I disagree with the eviction?
    Attend your hearing to present any defenses. If you lose, you can file a Notice of Appeal within 10 days and may be able to stay while the appeal is processed.
  5. Where can I find official forms and get help?
    All official North Carolina eviction forms are available on the North Carolina Judicial Branch forms portal, and you can contact Legal Aid of North Carolina for guidance.

Conclusion: What North Carolina Renters Should Remember

  • Evictions must go through the courts—stay alert to all notices and court dates.
  • Respond promptly to notices and never ignore official documents.
  • Help is available: use court resources or local legal aid if you’re facing eviction.

The eviction process in North Carolina moves quickly. Understanding each step and your rights can help you better protect yourself and explore your options.

Need Help? Resources for Renters

  1. North Carolina General Statutes Chapter 42, Article 3 – Summary Ejectment
  2. North Carolina District Courts – Find Your Local Courthouse
  3. NC Courts – Eviction Legal Help and FAQs

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations
Bob Jones
Bob Jones

Editor & Researcher, Tenant Rights USA

Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for renters everywhere.

Related Articles