Landlord guide, North Carolina (NC)
North Carolina eviction process: the landlord’s steps from notice to removal
The eviction process in North Carolina starts with the 10-day demand for rent: 10 calendar days for unpaid rent (N.C. Gen. Stat. §§ 42-3, 42-33). Then the landlord files in the small claims court (magistrate) of the district court, where the case is called summary ejectment; the court hears it, and after judgment a court officer carries out the removal.
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- Notice for unpaid rent
- 10 calendar days
- N.C. Gen. Stat. §§ 42-3, 42-33
- Court
- small claims court (magistrate) of the district court
- N.C. Gen. Stat. §§ 42-28, 42-29, 42-36.2(a); § 7A-228
- Time to appeal
- 10 days
- N.C. Gen. Stat. §§ 42-28, 42-29, 42-36.2(a); § 7A-228
- Checked against the statutes
- 1 November 2026
Step by step
The eviction process North Carolina landlords follow, step by step
Notice and court names are given as they read on North Carolina’s own forms, and timing details are quoted from the statute.
- 1
Step 1
Serve the notice
Unpaid rent: the 10-day demand for rent, 10 calendar days (N.C. Gen. Stat. §§ 42-3, 42-33).
Paying everything owed inside the period ends the case, by statute.
Another breach of the lease: the demand for possession, with no fixed period in the statute (N.C. Gen. Stat. § 42-26(a)(2)).
No reason, month to month: 7 days’ notice (N.C. Gen. Stat. § 42-14).
What the statute adds, in English
The term is forfeited only if all past-due rent is not paid within 10 days after the demand, unless the lease itself has a forfeiture clause for nonpayment. Even after filing, paying the rent due and court costs before judgment ends the case.
- 2
Step 2
File the eviction in court
File in the small claims court (magistrate) of the district court, where the case is called summary ejectment (N.C. Gen. Stat. §§ 42-28, 42-29, 42-36.2(a); § 7A-228).
- 3
Step 3
Go to the hearing
In the statute, in English
within 7 days after the summons issues, excluding weekends and legal holidays
- 4
Step 4
Judgment and appeal
If the court rules for you, the tenant has 10 days to appeal.
- 5
Step 5
Removal by a court officer
An officer of the court carries out the removal, on the court’s order.
In the statute, in English
sheriff gives notice of the approximate time and executes the writ for possession within 5 days of receiving it
North Carolina eviction process timeline
- Notice before filing
- 10 calendar days
- Time to answer
- Not confirmed
- Hearing
- Quoted in step 3
- Time to appeal
- 10 days
- Removal
- Quoted in step 5
Only some steps have a number in the statute, so no honest total exists: after filing, the court sets the pace.
Can you change the locks yourself?
No. North Carolina bans self-help eviction (N.C. Gen. Stat. § 42-25.6), so only the court process can remove a tenant.
A residential tenant may be removed, actually or constructively, only through the court process in Chapter 42, and a tenant removed otherwise may recover possession or end the lease and recover actual damages under § 42-25.9.
The court process is the safe course in every state.
Write the North Carolina eviction notice
Fill in the notice for North Carolina in the generator, then read the rest of the state’s landlord law before you serve it.
Where Dardaris comes in
Most evictions start as one late payment. Dardaris sees it on day one.
It notices the missed rent the day it is due, sends the tenant a reminder, and if nothing comes, drafts the North Carolina notice with its 10 calendar days. You read it and sign; nothing goes out without you.
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Dardaris
The statutes
North Carolina eviction laws, with the statute behind each step
| Step | What the law says | Statute |
|---|---|---|
| Notice for unpaid rent | 10-day demand for rent10 calendar daysPaying in full within the period stops itThe term is forfeited only if all past-due rent is not paid within 10 days after the demand, unless the lease itself has a forfeiture clause for nonpayment. Even after filing, paying the rent due and court costs before judgment ends the case. | N.C. Gen. Stat. §§ 42-3, 42-33 |
| Notice for a lease breach | demand for possessionNo fixed periodNo statute sets a notice or cure period for a lease breach. Summary ejectment for a breach other than rent is available only if the lease says the tenancy ends on that breach, after a demand for surrender. | N.C. Gen. Stat. § 42-26(a)(2) |
| Notice to end a month-to-month tenancy | 7 daysSeven days' notice before the end of the current month, unless the lease requires longer. | N.C. Gen. Stat. § 42-14 |
| How a notice is served | No method is prescribed | Not confirmed from the statute |
| Court and action | small claims court (magistrate) of the district courtsummary ejectment | N.C. Gen. Stat. §§ 42-28, 42-29, 42-36.2(a); § 7A-228 |
| Time to answer | Not confirmed from the statute | Not confirmed from the statute |
| Hearing | within 7 days after the summons issues, excluding weekends and legal holidays | N.C. Gen. Stat. §§ 42-28, 42-29, 42-36.2(a); § 7A-228 |
| Time to appeal | 10 days | N.C. Gen. Stat. §§ 42-28, 42-29, 42-36.2(a); § 7A-228 |
| Removal | sheriff gives notice of the approximate time and executes the writ for possession within 5 days of receiving it | N.C. Gen. Stat. §§ 42-28, 42-29, 42-36.2(a); § 7A-228 |
| Self-help (lockouts, utilities) | BannedA residential tenant may be removed, actually or constructively, only through the court process in Chapter 42, and a tenant removed otherwise may recover possession or end the lease and recover actual damages under § 42-25.9. | N.C. Gen. Stat. § 42-25.6 |
Read against the official texts below on 1 November 2026. The month-to-month period was checked on 29 September 2026.
- https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/ByChapter/Chapter_42.html
- https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_7A/GS_7A-228.html
- https://codes.findlaw.com/nc/chapter-42-landlord-and-tenant/nc-gen-st-sect-42-51/
- https://codes.findlaw.com/nc/chapter-42-landlord-and-tenant/nc-gen-st-sect-42-52/
- https://codes.findlaw.com/nc/chapter-42-landlord-and-tenant/nc-gen-st-sect-42-46/
- https://codes.findlaw.com/nc/chapter-42-landlord-and-tenant/nc-gen-st-sect-42-14/
- https://codes.findlaw.com/nc/chapter-42-landlord-and-tenant/nc-gen-st-sect-42-50/
Questions landlords ask about eviction in North Carolina
How long does an eviction take in North Carolina?
The notice for unpaid rent runs 10 calendar days before you can file. After that the court sets the pace, so there is no honest total: the hearing, the judgment and the removal follow the court’s calendar and the timing rules quoted on this page.
What notice does a North Carolina landlord serve for unpaid rent?
The 10-day demand for rent, which gives the tenant 10 calendar days (N.C. Gen. Stat. §§ 42-3, 42-33). Paying everything owed inside the period ends the case, by statute.
Can a landlord change the locks in North Carolina?
No. North Carolina bans self-help eviction (N.C. Gen. Stat. § 42-25.6), so only the court process can remove a tenant. The exact limits are quoted on this page.
Where is an eviction filed in North Carolina?
In the small claims court (magistrate) of the district court, where the case is called summary ejectment (N.C. Gen. Stat. §§ 42-28, 42-29, 42-36.2(a); § 7A-228).
North Carolina eviction laws without lease: which notice applies?
A tenant with no written lease who pays monthly is usually a month-to-month tenant, and North Carolina asks for 7 days’ notice to end that tenancy (N.C. Gen. Stat. § 42-14). For unpaid rent, the notice in step 1 applies all the same.
Can the tenant appeal an eviction in North Carolina?
Yes. The tenant has 10 days after the judgment to appeal.
The eviction process in other states
- New Hampshire: 7 calendar days for unpaid rent
- New Jersey: no notice before filing
- New Mexico: 3 calendar days for unpaid rent
- New York: 14 calendar days for unpaid rent
- North Dakota: 3 calendar days for unpaid rent
- Ohio: 3 calendar days for unpaid rent
- Oklahoma: 5 calendar days for unpaid rent
- Oregon: 10 calendar days for unpaid rent
General information, not legal adviceEviction law changes, and a court can read a statute differently from this summary. Check the current text and your local court’s rules, or ask a lawyer licensed in the state, before you serve a notice or file.
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