How Long Does it Take to Evict a Tenant in North Carolina?

The answer to this question generally depends on a few factors.

Default in Payment of Rent

If not waived in a written lease, a landlord shall provide written notice to pay unpaid rent or surrender the premises within 10 calendar days of the date that the notice is served on the tenant, pursuant to N.C.G.S. Sec. 42-3.

Other Lease Agreement Default

If eviction, (called Summary Ejectment in North Carolina) action is commenced for a reason other than non-payment of rent, the 10 calendar days written notice is not required.

Where to File Eviction Action

Summary ejectment actions in North Carolina are generally commenced in the Small Claims Court in the County where the property is located, provided that the amount in controversy (including any claim for unpaid rent) does not exceed $10,000.00. If the amount in controversy exceeds $10,000.00, the dispute generally must be filed in the District Court in the County where the property is located.

Tenant’s Time to Respond

Tenants in North Carolina have 7 days to file an answer if they choose. N.C.G.S. Sec. 42-28, states, when a lessor or his assignee files a complaint pursuant to G.S. 42-26 or 42-27, and asks to be put in possession of the leased premises, the clerk of superior court shall issue a summons requiring the defendant to appear at a certain time and place not to exceed seven days from the issuance of the summons, excluding weekends and legal holidays, to answer the complaint.

Order of Possession

Pursuant to N.C.G.S. Sec. 42-30, if summons has been properly served and if (i) the plaintiff proves his case by a preponderance of the evidence, (ii) the defendant admits the allegations of the complaint, or (iii) the defendant fails to appear on the day of court, and the plaintiff requests in open court a judgment for possession based solely on the filed pleadings where the pleadings allege defendant’s failure to pay rent as a breach of the lease for which reentry is allowed and the defendant has not filed a responsive pleading, the magistrate shall give judgment that the defendant be removed from, and the plaintiff be put in possession of, the demised premises; and if any rent or damages for the occupation of the premises after the cessation of the estate of the lessee, not exceeding the jurisdictional amount established by G.S. 7A-210(1), be claimed in the oath of the plaintiff as due and unpaid, the magistrate shall inquire thereof, and if supported by a preponderance of the evidence, give judgment as he may find the fact to be.

Trial by Magistrate

Pursuant to N.C.G.S. Sec. 42-31, if the defendant by his answer denies any material allegation in the oath of the plaintiff, the magistrate shall hear the evidence and give judgment as he shall find the facts to be. If the magistrate finds in favor of the plaintiff, the magistrate’s judgment shall include an order to the clerk of superior court providing that if the judgment is appealed by the defendant, the clerk of superior court is compelled to pay to the plaintiff any amount specified in subsection (e) or (g) of G.S. 42-34 within five business days of a written request by the plaintiff.

Potential Appeal by Tenant

Pursuant to N.C.G.S. Sec. 42-34 (b) provides, during an appeal to district court, it shall be sufficient to stay execution of a judgment for ejectment if the defendant appellant pays to the clerk of superior court any rent in arrears as determined by the magistrate and signs an undertaking that he or she will pay into the office of the clerk of superior court the amount of the tenant’s share of the contract rents as it becomes due periodically after the judgment was entered and, where applicable, comply with subdivision (c) below.

If Tenant Fails to Pay Rent During Pendency of Appeal

Pursuant to N.C.G.S. 42-34.1(a) … If the defendant appellant fails to make rental payments as provided in the undertaking within five business days of the day rent is due under the terms of the residential rental agreement, the clerk of superior court shall, upon application of the plaintiff appellee, immediately issue a writ of possession, and the sheriff shall dispossess the defendant appellant as provided in G.S. 42-36.2.

Writ of Possession

Pursuant to N.C.G.S. 42-36.2, (a)- Before a sheriff can remove a tenant’s personal property from a demised premises pursuant to a writ of possession of real property or an order, the sheriff shall give the tenant notice of the approximate time the writ will be executed. The time within which the sheriff shall have to execute the writ shall be no more than five days.

Time frame depending on delays is usually between 3 weeks and 3 months depending on whether the eviction is contested and whether there are any other delays involved such as court delays, appeals, tenant bankruptcy and appeals, etc.

North Carolina eviction lawyer, eviction attorney North Carolina, Eviction lawyer Charlotte, North Carolina landlord attorney, North Carolina landlord-tenant lawyer, commercial eviction lawyer North Carolina, residential eviction attorney North Carolina, Eviction law firm North Carolina, Evict a tenant in North Carolina, North Carolina 3-day eviction notice lawyer, unlawful detainer North Carolina attorney, Help with Tenant eviction North Carolina, Landlord legal services North Carolina, File eviction North Carolina attorney, How to evict a tenant in North Carolina legally, Cash for keys attorney North Carolina, Tenant not paying rent North Carolina, Tenant won’t leave North Carolina, Tenant broke lease North Carolina, Remove squatters North Carolina, North Carolina eviction process lawyer, What to do if tenant doesn’t pay rent in North Carolina, Tenant appeal eviction North Carolina, Can I evict without a lease in North Carolina? How long does it take to evict a tenant in North Carolina? Cost to evict a tenant in North Carolina? North Carolina eviction timeline for landlords, How to service eviction notice in North Carolina, North Carolina landlord rights during eviction, Can I evict a tenant without an attorney in North Carolina? What happens after a writ of possession in North Carolina.