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North Carolina · Small Claims (Magistrate) Court

North Carolina eviction process: what tenants need to know

North Carolina evictions are called summary ejectment cases. Hearings are fast, often within about a week, so it is important to prepare early.

The clock in North Carolina
Notice for rentLandlord must demand rent and wait 10 days
HearingOften within about 7 business days of filing
AppealUsually 10 days after the judgment
LockoutSheriff carries out the writ, usually within days

Typical time limits. Always follow the dates printed on your own papers. Last reviewed October 2026.

Step by step

  1. Demand for rent

    For unpaid rent, the landlord generally must demand payment and wait 10 days before filing, unless the lease waives this.

  2. Summons and complaint

    The landlord files a summary ejectment complaint in small claims court. Your hearing in front of a magistrate is often set within about a week.

  3. Hearing

    Bring your lease, receipts, photos and messages. If you do not appear, the magistrate can rule for the landlord.

  4. Judgment and appeal

    You usually have 10 days to appeal to District Court. To stay in the home you may need to post a bond and keep paying rent into court.

  5. Writ of possession

    After the appeal period, the landlord can request a writ. The sheriff gives notice of the lockout date and carries it out, usually within a few days.

Common questions

How long do I have to appeal an eviction in North Carolina?

Usually 10 days from the judgment. Ask the clerk to confirm your exact date.

Can I stay in my home during an appeal in North Carolina?

Often only if you post a bond and keep paying rent into the court as it comes due.

This guide is general information, not legal advice. Laws and court rules change, and your county may have its own procedures. If your deadline is very close, contact your court clerk, local legal aid or a licensed attorney right away.

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