North Carolina Renters: Guide to Small Claims Court Process

If you're a renter in North Carolina facing a dispute with your landlord—such as recovering your security deposit, unresolved repairs, or handling damages up to $10,000—Small Claims Court offers an affordable and straightforward path to seek resolution. This guide explains what North Carolina renters need to know about filing in Small Claims Court, including required forms, legal steps, and practical advice for presenting your case.

Understanding Small Claims Court for Renters

Small Claims Court in North Carolina is part of the district court system. Cases are typically heard by a magistrate. Renters can use this process to resolve disagreements with landlords without needing a lawyer or extensive legal knowledge.

When Should Renters Use Small Claims Court?

• To recover a security deposit
• For unpaid repairs or damages (up to $10,000)
• Disputes over lease agreements
• Unlawful or excessive charges

This process is for relatively small amounts and straightforward disputes. If you are facing eviction, a different process applies and may still involve Small Claims Court.

Tribunal Handling Renters’ Small Claims

In North Carolina, Small Claims Court is a branch of the state’s District Court.

Relevant Legislation for North Carolina Renters

Your rights as a tenant are protected under the North Carolina Residential Rental Agreements Act and the North Carolina General Statutes Chapter 7A for Small Claims Court procedures.¹

Key Forms for North Carolina Renters

• Complaint in Summary Ejectment (AOC-CVM-201)
  Used mainly by landlords to start eviction cases, but renters may see or respond to this form if an eviction has begun.
  See the official Complaint in Summary Ejectment (AOC-CVM-201).
• Magistrate Summons (AOC-CVM-100)
  This is issued after you file your complaint in Small Claims Court. Make sure you have one for your landlord to be served.
  Access the form Magistrate Summons (AOC-CVM-100).
• Complaint for Money Owed (AOC-CVM-200)
  This is the main form for most renter disputes—such as getting back a security deposit or compensation for damages—where you are suing for money.
  See the official Complaint for Money Owed (AOC-CVM-200).

Complete the Complaint for Money Owed if, for example, you moved out and your landlord kept your security deposit without reason. File the completed form with your county's Clerk of Court and pay the required filing fee (typically around $96).

Filing a Small Claims Case: Step-by-Step

Below is a summary of the essential steps to file a case in Small Claims Court as a renter in North Carolina.

• Gather documentation: Save copies of your lease, any written requests to your landlord, and receipts or photos showing damages, repairs, or payments.
• Complete the proper form: Usually, the Complaint for Money Owed (AOC-CVM-200) for rental disputes.
• File the complaint: Submit it with the Clerk of Superior Court in your county. Bring identification and pay the filing fee.
• Serve the landlord: The Clerk or sheriff’s office will usually handle service for a small additional fee.
• Attend your court hearing: Bring evidence, witnesses, and be prepared to share your side with the magistrate.

Most Small Claims hearings move quickly. If you win, the court will order your landlord to pay you the amount decided.

What Happens After the Hearing?

If the court rules in your favor, you may need to take further steps to collect your money. The magistrate’s judgment will provide instructions, and the Clerk’s Office can explain next actions if payment is not made.

FAQ: North Carolina Renters and Small Claims Court

1. How much can I sue for in Small Claims Court as a North Carolina renter?
   You can sue for up to $10,000 in Small Claims Court.
2. Do I need a lawyer to file a case?
   No, Small Claims Court is designed to be renter-friendly; you do not need a lawyer.
3. How long does the process take?
   Most cases are heard within 30–60 days of filing, but timing varies by county.
4. What evidence should I bring?
   Bring your lease, photos, repair requests, receipts, and any correspondence with your landlord.
5. Can I appeal the decision if I lose?
   Yes, you can appeal to the District Court within 10 days of the judgment.

Key Takeaways for Renters

• North Carolina Small Claims Court is accessible and affordable for resolving most landlord-tenant disputes.
• Be thorough in collecting and presenting documentation.
• Use the appropriate official forms and keep copies of everything filed and received.

Need Help? Resources for Renters

• North Carolina Small Claims Court Overview
• Find Your County Clerk of Court
• North Carolina Rental Agreements Act
• Legal Aid of North Carolina – Free and low-cost help for renters.
• NC Housing Coalition – Tenant Resources

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1. See North Carolina Judicial Branch for the official court system, and North Carolina General Statutes Chapter 42 Article 5 for tenant rights legislation.
2. For small claims specifics, consult General Statutes Chapter 7A – Courts.

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