North Carolina Renter Lockout Laws & Your Rights
If you’re renting a home or apartment in North Carolina and suddenly find yourself locked out, it can be distressing and confusing. This article explains your rights, what steps to take, and how state laws protect renters in these situations. North Carolina’s landlord-tenant rules are designed to prevent unfair lockouts and ensure tenants have access to safe housing.
What Is a Lockout? Key Terms Explained
A lockout is when a landlord changes the locks, removes doors, or otherwise denies a tenant access to their rental unit, often without going through the proper court process. In North Carolina, this is almost always illegal except in very specific circumstances.
- Self-help eviction: When a landlord tries to force out a tenant without a court order, often by locking them out.
- Summary ejectment: North Carolina’s legal eviction process that requires a court hearing—only then can a landlord legally remove you.
Landlords cannot turn off utilities, change locks, or remove your belongings to force you out—those actions are not permitted under North Carolina law.
Your Rights Under North Carolina Law
The primary law protecting renters in these situations is the North Carolina Landlord-Tenant Act (Article 5, Chapter 42). It prohibits landlords from using “self-help” methods to remove tenants without following the legal eviction procedure.[1]
- You have the right to remain in your home until a court orders you to leave.
- Your landlord can only evict you by filing a complaint in court and obtaining a judgment through summary ejectment.
- If the landlord unlawfully locks you out, you may be entitled to regain access and, in some cases, receive damages for any losses.
What Should You Do If You’re Locked Out?
If you find yourself unable to enter your rental for reasons outside of your control, here’s how to respond:
- Try to contact your landlord immediately and document the conversation (texts, emails, call logs).
- If your safety is at risk, call local law enforcement.
- Collect evidence, such as photos of changed locks or removal of your possessions.
- Do not try to break back in—this could make matters worse or get you into legal trouble.
- Contact the local county clerk of court to begin a complaint or request relief (see official forms below).
Official Forms and How to Use Them
If a landlord has locked you out illegally, you may need to take official action. Most commonly, you’ll file through North Carolina’s court system.
- Civil Complaint: Complaint in Summary Ejectment (Form AOC-CVM-201)
Used when landlords seek legal eviction, but as a tenant, you can reference this process to understand the lawful steps required.
Form details at: Complaint in Summary Ejectment (AOC-CVM-201). - Motion for Order in the Cause (Emergency Relief) (Form AOC-CV-300)
If you need emergency court intervention to regain access, this motion can be filed at your local county courthouse. Attach proof and explain your situation.
Official instructions: Motion for Order in the Cause (AOC-CV-300). - Small Claims Complaint
If you suffer financial loss (for example, due to damaged property or hotel expenses), you can file in Small Claims Court for damages.
See: Guide to Small Claims in North Carolina
Tip: Always keep a copy of every form and correspondence. Document every incident and keep all receipts related to your lockout.
Who Handles Rental Complaints?
North Carolina rental disputes and eviction processes are handled by the North Carolina Administrative Office of the Courts (NCAOC) and your local county Clerk of Court Offices. These government offices manage court filings, eviction proceedings, and tenant remedies.
How to File a Complaint or Regain Access (Step-by-Step)
- Collect all documents, photos, and communication showing you’ve been locked out without a court order.
- Contact your landlord in writing (text, email, certified mail) asking for immediate access—keep a copy.
- Visit your local county courthouse and speak to the Clerk of Court about filing for emergency relief (Form AOC-CV-300).
- File the motion; provide any evidence you gathered.
- If needed, attend a court hearing to present your case.
- If the court orders, you must be allowed back into your rental and may be eligible for damages.
Always act promptly—timing is important to protect your rights and minimize disruption.
FAQ: North Carolina Renters and Lockouts
- Is it legal for my landlord to change my locks without telling me?
No, your landlord cannot change your locks or deny you access unless a court order has been issued after an eviction hearing. - What should I do if my landlord refuses to let me back in?
Collect evidence and file a motion for emergency relief at your county courthouse to request immediate re-entry. - Can I call the police if I’m locked out?
Yes, local law enforcement may assist if a lockout is illegal, especially if the landlord hasn’t followed court-ordered eviction procedures. - Will I get compensation if I’m locked out illegally?
You may be eligible to claim for financial losses in Small Claims Court if you incur expenses because of an unlawful lockout. - Where do I find more information or file forms?
Visit the NCAOC eviction and rental help page or your county Clerk of Court Office for official forms and guidance.
Key Takeaways for North Carolina Renters
- Landlords cannot legally lock you out without a court order.
- If you are locked out, promptly gather evidence, contact your landlord, and seek help from the court if necessary.
- North Carolina law offers protections and official forms to help renters facing an illegal lockout.
Knowing your rights is the best defense against unlawful lockouts. Act quickly and seek support when needed.
Need Help? Resources for Renters
- North Carolina Courts – Eviction and Shelter Help
- Local County Clerk of Court Offices (for filing forms and court questions)
- North Carolina Department of Justice: Landlord/Tenant Rights
- Legal Aid of North Carolina (free legal help for eligible renters)
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