In North Carolina an eviction is called summary ejectment , and it’s a court case. A landlord who wants a tenant out has to give the right notice, win before a magistrate, wait out the 10-day appeal window, and then have the sheriff enforce a writ [1][4][6].
At a glance
- Unpaid rent
- Demand the rent, then wait 10 days (G.S. 42-3) [2]
- Month-to-month tenancy, lease silent
- 7 days notice to end it (G.S. 42-14) [3]
- Service before hearing
- At least 2 days [1]
- Appeal
- 10 days after judgment [1]
- Sheriff executes the writ
- Within 5 days of getting it [4]
The eviction timeline
-
Landlord demands the rent, or ends the tenancy 10 days to pay, or the notice period
For unpaid rent under G.S. 42-3, the landlord must clearly demand all past-due rent after it's due and wait 10 days. If the lease has its own forfeiture clause for nonpayment, the lease controls instead. To end a tenancy with no end date, the landlord gives the notice the lease requires, or the default notice under G.S. 42-14 if the lease is silent.
UNC School of Government, G.S. 42-3 and holding-over materials
-
Landlord files a complaint in summary ejectment After the notice runs out
The case is filed with the clerk of court and assigned to a magistrate in small claims court. The landlord can ask for possession and for unpaid rent in the same case.
UNC School of Government, Magistrates' Procedure in Small Claims Cases
-
Tenant is served At least 2 days before the hearing
Usually by the sheriff. In eviction cases only, if personal service fails, the sheriff may mail the papers and post them on the property.
UNC School of Government, Magistrates' Procedure in Small Claims Cases (G.S. 7A-217)
-
Hearing before a magistrate On the date on the summons
Both sides can testify and show documents. In a complex case the magistrate may hold off on ruling for up to 5 days unless the parties agree otherwise.
UNC School of Government, Magistrates' Procedure in Small Claims Cases
-
Appeal window 10 days after judgment
Either side can appeal to district court for a new trial by giving notice in court or filing it with the clerk within 10 days. In eviction cases, appeal costs must also be paid within 10 days. To stay in the home during the appeal, the tenant has to follow the court's rent-bond steps.
UNC School of Government, Magistrates' Procedure in Small Claims Cases (G.S. 7A-228)
-
Writ of possession From day 11 after judgment
If there's no appeal, the landlord can ask the clerk for a writ of possession. The fee is $25 for the court plus $30 for the sheriff.
UNC School of Government, On the Civil Side (G.S. 7A-308, 7A-311)
-
Sheriff carries out the writ Within 5 days of getting it
The sheriff first notifies the tenant of the approximate time of the eviction. Only the sheriff can lock a tenant out; the landlord can't do it alone.
UNC School of Government, On the Civil Side (G.S. 42-36.2)
-
Property left behind 7 days to reclaim
The tenant can ask for belongings during the next 7 days. Property worth less than $500 has a shorter 5-day window.
UNC School of Government, On the Civil Side (G.S. 42-36.2, 42-25.9)
Step 1: the notice
What the landlord has to do first depends on why they want the tenant out.
Unpaid rent. If the lease doesn’t have its own clause saying the lease ends when rent isn’t paid, North Carolina law (G.S. 42-3) requires the landlord to demand all the past-due rent and then wait 10 days for the tenant to pay [2]. The demand has to be clear, can be oral or written, and has to come after the rent is late; a clause signed at the start of the lease doesn’t count, and the court complaint itself isn’t the demand [2]. In these statute-based cases, a tenant can generally stop the case by paying the past-due rent and court costs [2].
Lease has ended, or the landlord is ending a tenancy with no end date. A lease with a fixed end date simply ends on that date [3]. A periodic tenancy, one that renews week to week, month to month or year to year, has to be ended with notice. If the lease says how much notice, that controls. If it doesn’t, G.S. 42-14 fills in the gap [3]:
| Kind of tenancy | Notice needed |
|---|---|
| Year to year | 1 month |
| Month to month | 7 days |
| Week to week | 2 days |
| Space for a manufactured (mobile) home | 60 days |
Notice generally takes effect at the end of a rental period. With rent due on the 1st and a month-to-month lease, notice given on July 24 can end the tenancy on July 31, but notice on July 1 can’t end it on July 8 [3].
Step 2: the court case
The landlord files a complaint in summary ejectment with the clerk, and the case goes to a magistrate in small claims court [1]. The tenant must be served at least 2 days before the hearing; in eviction cases, if the sheriff can’t hand the papers to the tenant, the sheriff can mail them and post them on the property [1].
At the hearing, both sides can testify and bring documents: the lease, rent records, notices, photos and texts. If the tenant doesn’t come and hasn’t answered, a landlord suing over unpaid rent under a lease with a forfeiture clause can ask for judgment on the pleadings [1].
Step 3: appeal, or the writ
The judgment isn’t final for 10 days. Either side can appeal to district court for a brand-new trial, by saying so in court or filing written notice with the clerk [1][6]. In eviction cases the appeal costs must be paid within 10 days too, or the appeal can be dismissed [1].
If no one appeals, starting on the 11th day after judgment the landlord can ask the clerk for a writ of possession. It costs $25 for the court and $30 for the sheriff [4][6].
Step 4: the sheriff
The sheriff has 5 days after getting the writ to carry it out, and first lets the tenant know the approximate time of the eviction [4]. A writ is the only legal way for a landlord to have a tenant locked out. Padlocking, changing the locks, turning off utilities or taking the door off are not allowed [6].
After the lockout, the tenant can get belongings back by asking within the next 7 days. If the property is worth less than $500, that window is 5 days [4].
Where to get help
- Legal Aid of North Carolina (legalaidnc.org): free information for tenants, including an eviction FAQ [6].
- The clerk of court in your county: forms, filing, appeal costs and the rent-bond process. Clerks can’t give legal advice.
Sources
- UNC School of Government: Magistrates' Procedure in Small Claims Cases (2026)
- UNC School of Government, On the Civil Side: G.S. 42-3, The Landlord's Life Preserver
- UNC School of Government: Holding Over (notice periods under G.S. 42-14)
- UNC School of Government, On the Civil Side: A Judgment for Possession Is Only Step 1 in Summary Ejectment Cases
- UNC School of Government: Procedure and Timeline for Summary Ejectment Actions (stay pending appeal, G.S. 42-34)
- Legal Aid of North Carolina: Eviction FAQ
Common questions
Can a landlord in North Carolina change the locks to make a tenant leave?
No. A landlord has to go through court. Only the sheriff, acting on a writ of possession, can lock a tenant out. Padlocking, changing locks, cutting off utilities or removing the door are not legal ways to evict.
How long does a tenant have to appeal an eviction in North Carolina?
10 days from the magistrate's judgment. The appeal goes to district court for a new trial. In eviction cases, the appeal costs also have to be paid within those 10 days, and staying in the home during the appeal requires following the court's rent-bond steps.
How fast does the sheriff carry out an eviction in North Carolina?
The landlord can ask for a writ of possession starting 10 days after judgment if there's no appeal. The sheriff must carry it out within 5 days of receiving it, and first notifies the tenant of the approximate time.