How Long Does An Eviction Process Take In North Carolina?

If you’re a first-time landlord or dealing with your first eviction, understanding North Carolina’s eviction process is essential. Evictions are controlled by state law and involve strict notice requirements, court procedures, and a timeline that must be followed to the letter. A single mistake can cause delay, increase costs, or force you to restart the process altogether. 

For many property owners, eviction is something they hope to never experience. It can be stressful, time-consuming, and costly, quickly turning what should be a reliable investment into a major headache. That’s why careful tenant screening and knowing your legal responsibilities from the start are so important. 

The eviction process can become tricky, so consulting with a legal professional is advised. That said, you should never walk into a situation without a basic understanding of the process, and this article will help you get up to speed. 

When Can You Evict A Tenant in North Carolina?

Before diving in, it helps to understand what eviction is. Eviction is a legal process that allows a landlord to regain possession of their property.

In North Carolina, a landlord cannot remove a tenant without a legally valid reason. Evictions cannot be based on discrimination or other unlawful motives, as the Fair Housing Act protects tenants from unfair treatment. There are only four lawful reasons a landlord may pursue an eviction:

1. Failed To Pay Rent

Failure to pay rent is the most common reason landlords pursue eviction. In North Carolina, when a tenant does not pay rent on time, the landlord must provide a 10-day notice to pay or quit before filing for eviction. This notice gives the tenants ten full days, excluding weekends and legal holidays, to either pay the past-due rent in full or vacate the property voluntarily. 

If the tenant pays the owed amount within the notice period, the eviction process must stop. However, if no payment is made and the tenant remains in the unit after the notice expires, you may then proceed with filing an eviction case in court. 

2. Violating the Lease Agreement  

The tenant-landlord relationship is dependent on the agreement, and when a tenant breaches its terms, you may have grounds to pursue eviction. Common lease violations include keeping pets when they are not allowed, causing damage beyond normal wear and tear, or allowing unauthorized occupants to live in the property. 

Any lease violation must be supported by clear, admissible evidence, so avoid issuing notices based on suspicion alone. Unlike nonpayment of rent, you are not required to give a specific notice period before filing for eviction due to a lease violation. That said, many landlords choose to provide a written notice as a practical step, giving the tenant the opportunity to correct the issue or move out voluntarily.

Often, with serving notice, the problem is addressed without court involvement, saving time and expense. However, if the tenant is uncooperative or if the violation is serious, proceeding with the formal eviction process may be the most effective option. 

3. Holdover Tenant or End of Lease Agreement 

When a lease is approaching its end, you must provide the tenant with written notice that includes the lease termination date and the date they are expected to vacate the property. The amount of notice required depends on the type and length of the tenancy. 

In North Carolina, the required notice periods for periodic leases are generally as follows: 

• Weekly leases: at least two days’ notice before the lease ends 
• Monthly leases: at least seven days’ notice before the lease ends
• Yearly leases: at least one month’s notice before the lease ends 

If the tenant remains in the property after the lease has expired and no new agreement has been made, they’re considered a holdover event. In this situation, you can file for eviction with the court without providing additional notice. 

You should be cautious about accepting rent or any payments from a tenant. Accepting payment may be interpreted as renewing or extending the tenancy, which can weaken or delay an eviction case in court.

4. Illegal or Criminal Activity 

Of course, you won’t be forced to tolerate illegal or criminal activity occurring on your property. If a tenant engages in activity that threatens your safety, the safety of others, or the surrounding community, you can proceed with eviction without offering a notice period. 

Examples of criminal activity include making or selling illegal drugs on the premises, allowing banned individuals to enter, or engaging in violent or dangerous behaviour. 

You must be very careful when filing an eviction for illegal activity. Make sure you have solid, credible evidence to present in court, as unsupported accusations will not only weaken your case but can also lead to legal consequences.

Do Not Engage in “Self-Help” Measures 

In North Carolina, “self-help” evictions are illegal under all circumstances, even if you believe the tenant is engaging in criminal activity. You should never attempt to remove a tenant on your own or take actions meant to force them out. Prohibited self-help measures include changing the locks before a court order is issued, shutting off utilities to make the unit unlivable, or removing or disposing of the tenant’s personal belongings. Engaging in any form of self-help eviction can expose you to serious legal consequences, including lawsuits, fines, and delays that may ultimately harm your eviction case. 

Following the proper legal process is the only way to protect yourself and your property, as all evictions must go through the court system. If the court rules in your favor, the sheriff is the only party authorized to remove the tenant from the property. Your role as the landlord is limited to filing the eviction case and presenting your evidence in court.

How Long Does an Eviction Process Take in North Carolina?

On average, the eviction process in North Carolina takes about 1 to 3 months, from the initial notice to quit to the sheriff carrying out the eviction. The exact timeline depends on the complexity of the case. If the tenant contests the eviction, files an appeal, or if there are court delays, the process can take longer and sometimes extend beyond three months. 

That said, if you follow the proper legal steps, keep accurate documentation, respect the required notice period, and work with a reliable legal professional, the process can move more smoothly, without any unnecessary setbacks. Understanding How to Sell a House When You Are Behind on Payments can also help you take proactive steps, protect your interests, and avoid further financial strain.

General Timeline Overview 

While every case is different, here is a simplified breakdown of how the timeline typically works:

• 10-Day Notice to Pay or Quit: For non-payment cases, you must first give the tenant 10 days to either pay the overdue rent to vacate the property before filing in court.
• Court Filing and Hearing (about 7-30 Days): If the tenant does not comply with the notice, you may file a summary ejectment action in small claims court. A hearing is usually scheduled within 7 to 30 days, depending on the court scheduling and proper service of the complaint. 
• 10-Day Appeal Period: If the judge rules in your favor, the tenant has 10 days to file an appeal. During this period, the eviction cannot proceed unless the tenant waives their right to appeal. 
• Writ of Possession and Sheriff Removal (about 5-7 Days): If no appeal is filed, the court issues a writ of possession. The sheriff will then schedule and carry out the eviction, typically within 5-7 days. Only the sheriff is authorized to remove the tenant. 

The Eviction Process in North Carolina

Step 1. Serve the Proper Notice 

Once you confirm that your tenant has violated the lease or failed to pay rent, you must first serve the correct written notice. The type of notice depends on the reason for eviction. For nonpayment of rent, you’re required to give a 10-day notice to pay or quit before filing in court. Other lease violations may not require a waiting period, but providing written notice is still recommended. This gives the tenant a chance to fix the issue or move out voluntarily, potentially avoiding court altogether. 

Step 2. File for Summary Ejectment

If the tenant doesn’t correct the issue or vacate the property after receiving proper notice, you may proceed by filing a Summary Ejectment action, which is the legal term for eviction in North Carolina. Most cases are filed in the small claims court in the county where the rental property is located. You will need to complete the required paperwork and pay the filing fee. Accuracy is important at this stage, as filing errors can delay the process. 

Step 3. Service of the Summons

After you file the eviction complaint, the court issues a summons to notify the tenant of the lawsuit and the hearing date. The sheriff is responsible for serving the tenant with these documents, usually within a few days of issuance. You’re not allowed to serve the papers yourself. Once service is complete, proof is filed with the court. The tenant then has the opportunity to attend the hearing and present a defense, if they choose.

5. Court Hearing and Judgement

At the scheduled hearing, both you and the tenant may present your side of the case. You should bring copies of the lease agreement, payment records, notices served, and other supporting documents. The judge will review the evidence and issue a decision. 

If the ruling is in your favor, the court grants judgment of possession, giving you the legal right to regain the property. If the tenant wins, they may remain in the property. 

6. Tenant’s Appeal 

Once the judge enters a decision, the tenant has 10 days to file an appeal. If they submit the appeal within that period, the eviction cannot move forward until the appeal is resolved. 

During the appeal process, the tenant may be required to pay rent to the court or post a bond to maintain their rights to stay in the property while the case is reviewed. If the tenant does not file an appeal within the 10-day window, you can proceed with a request for a writ of possession to continue the eviction process. 

6. Writ of Possession

Once the appeal period has passed without action or the court rules against the tenant on appeal, you may request a Writ of Possession from the court. This document gives the sheriff legal authority to remove the tenant from the property. You must formally request this writ, as it’s not automatically issued. Once approved, the eviction process moves into its final stage under the sheriff’s supervision. 

7. Sheriff Enforcement 

After the Writ of Possession is issued, the sheriff will post a final notice at the property, typically giving the tenant a few days to leave voluntarily. If the tenant does not move out within the time frame, the sheriff will return to carry out the physical eviction. As the landlord, you are not permitted to remove the tenant yourself. Only law enforcement can legally complete the eviction. 

Post-Eviction Responsibilities for Landlords 

1. How To Handle Tenant Belongings 

After an eviction, you cannot simply throw out a tenant’s belongings or leave them on the curb. Doing so is illegal in North Carolina, and there are specific rules you must follow. Landlords are required to provide a grace period before disposing of the tenant’s property:

• 5 days for times valued at $500 or less
• 7 days for items valued at more than $500

During this time, the tenant can retrieve their possessions. Once the applicable grace period has passed, you may legally dispose of or sell the items in accordance with state law. Always document the process to protect yourself in the event of a dispute. 

2. Security Deposits

Even after an eviction, you’re still responsible for returning the tenant’s security deposit. In North Carolina, you have 30 days from the end of the tenancy or the date of eviction to return the deposit. You may make itemized deductions for unpaid rent, damages beyond normal wear and tear, or other lease violations. Be sure to provide a written, itemized list of any deductions, along with the remaining deposit, to avoid legal challenges.

3. Change Locks and Secure the Property 

While not always legally required, changing the locks after an eviction is a recommended safety measure. This is especially important if the eviction involved criminal activity, threats, or safety concerns. Updating locks, garage codes, gate access, and security system passwords helps protect the property and ensure the safety of future tenants. 

However, timing is critical. You must wait until the sheriff has officially carried out the eviction and restored possession of the property to you. Changing the locks before the sheriff completes the eviction is considered an illegal “self-help” action in North Carolina and may result in legal consequences. 

Tips to Avoid Eviction for Landlords

1. Screen Tenants Carefully 

Avoiding eviction starts with choosing the right tenant. You should conduct thorough tenant screening, including criminal background checks where permitted by law, credit history reviews, and verification of income and rental history. When possible, contact previous landlords to confirm payment habits and lease compliance. Some landlords choose to work with a property management company to handle screening and tenant placement. While this comes at a cost, reliable tenants significantly reduce the risk of evictions. 

2. Use a Clear, Detailed Lease Agreement

Your lease agreement should leave no room for confusion. Clearly outline key terms, such as the rent amount and due dates, late fees, pet policies, maintenance responsibilities, and rules regarding property use. Important clauses should be easy to find and understand, so the tenant knows exactly what they are agreeing to before signing. 

3. Inspect the Property Regularly

Regular property inspections can help you catch issues early and ensure the home is being properly maintained. Of course, don’t overdo it and become a nightmare landlord. These inspections should be reasonable and combined with proper notice and tenant consent, as required by law. Annual or semi-annual inspections are common. If a property is vacant, regular checks are also important to prevent damage, vandalism, or unauthorized occupants. 

4. Keep Communication Lines Open

Maintain open, respectful communication with your tenants and prevent minor issues from escalating into larger disputes. Taking the first step and messaging your tenant to confirm everything is fine would do wonders not only for your relationship but also for your property’s security. When tenants feel supported and know the property is being actively managed, they are more likely to follow lease terms and address problems early. 

Final Thoughts: How Long Does An Eviction Process Take In NC?

No landlord starts out wanting to evict a tenant. It’s often one of the most difficult parts of managing rental property. The process can take time, require patience, and involve strict legal procedures. But when you are forced into it, understanding how eviction works in North Carolina and handling it properly can reduce risk and protect your investment. 

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