Outline of the Eviction Process in North Carolina

1. Grounds for Eviction

• Legal reasons required:
  • Non-payment of rent.
  • Lease violation (e.g., unauthorized pets, property damage).
  • Illegal activity (e.g., drug-related conduct, violent crime).
  • End of lease term (fixed-term or month-to-month).
  • Holdover tenancy (tenant remains after lease expires).
  • Breach of lease terms (e.g., failure to maintain property).
• Laws: N.C. Gen. Stat. § 42-1 to § 42-88 (Landlord and Tenant); § 7A-210 to § 7A-228 (Small Claims Actions).

2. Notice to Quit

• Written notice served:
  • Non-payment: 10-day notice to pay or vacate.
  • Lease violation: 7-day notice to cure or vacate (if curable); immediate for non-curable.
  • Month-to-month: 7-day notice to terminate.
  • Week-to-week: 2-day notice to terminate.
  • No-fault/end of lease: 7-day notice (month-to-month); none for fixed-term unless specified.
  • Illegal activity or holdover: Immediate or 7-day notice to vacate (no cure).
• Delivery: Hand-delivered, mailed (certified mail), or posted with mailed copy.
• Tenant can cure by paying rent (within 10 days) or fixing violation (within 7 days).

3. Filing the Eviction Case

• File Complaint in Summary Ejectment in District Court (Small Claims, Magistrate Court).
• Documents: Complaint (Form AOC-CVM-201), summons, Notice to Quit, lease, proof of service.
• Fee: ~$96 (plus $30 service fee per defendant).
• Timing: After notice period expires (e.g., 11th day for 10-day notice).

4. Serving the Summons and Complaint

• Sheriff or process server serves papers 4 days before hearing.
• Methods: Personal delivery, left with resident (age 18+), or mailed (certified mail).
• Tenant must appear at hearing; no written Answer required.

5. Court Hearing

• Held 7–14 days after filing.
• Landlord presents evidence; tenant raises defenses (e.g., improper notice, retaliation).
• Outcomes: Eviction granted, case dismissed, or agreement (e.g., payment plan).

6. Judgment and Execution

• Writ of Possession if landlord wins.
• Appeal: 10 days to District Court (requires bond).
• Writ issued: ~10–14 days post-judgment; sheriff serves 7-day notice to vacate.

7. Physical Eviction

• Sheriff removes tenant; no mandatory storage (property may be placed on street or stored at landlord’s discretion).
• Tenant may reclaim stored property by paying costs.
• Law: N.C. Gen. Stat. § 42-36.2.

8. Tenant Protections

• Rights:
  • Cure violations (10 days for rent, 7 days for lease issues), defenses (retaliation, discrimination, limited habitability).
  • No self-help evictions (landlord penalties include damages or attorney fees).
• Resources:
  • Legal Aid of North Carolina (866-219-5262), legalaidnc.org, nccourts.gov.

Notes

• Disclaimer: General guide; consult a lawyer. Local variations may apply.
• Sources: N.C. Gen. Stat. § 42-1 to § 42-88, § 7A-210 to § 7A-228; nccourts.gov; legalaidnc.org.