Summary ejectment is North Carolina's court process for removing a residential tenant. The landlord files in small claims court. A magistrate hears the case within 7 business days of the summons. The sheriff then enforces a judgment with a writ of possession.
The steps run in a fixed order. First comes a proper notice or rent demand, then the complaint and service by the sheriff. The hearing follows, then a 10 day appeal window, then the writ. With no delays, an uncontested nonpayment case can run about five weeks from demand to lockout. A landlord may never remove a tenant any other way. G.S. 42-25.6 bars self help eviction. This guide reflects the statutes as of October 2026. Talk to counsel before you file.
The steps at a glance
| Step | Timing | Source |
|---|---|---|
| Rent demand, if the lease has no forfeiture clause | Tenant has 10 days to pay | G.S. 42-3 |
| Notice to end a month to month tenancy | 7 days before the period ends | G.S. 42-14 |
| Complaint filed with the clerk | After the notice period runs out | G.S. 42-26 |
| Hearing before a magistrate | Within 7 days of the summons, not counting weekends and holidays | G.S. 42-28 |
| Sheriff's service | Mailed by the next business day; a visit at least 2 days before the hearing | G.S. 42-29 |
| Appeal to district court | Within 10 days of judgment | G.S. 7A-228 |
| Writ executed | Within 5 days of the sheriff receiving it | G.S. 42-36.2 |
| Tenant property | Released on request for 7 days after the writ | G.S. 42-36.2 |
Before filing: the notice or demand
What comes first depends on why you are filing.
Unpaid rent
Under G.S. 42-3, a lease that sets a rent due date is forfeited if the tenant fails to pay within 10 days after a demand for all past due rent. If your lease has its own clause ending it for nonpayment, follow that clause. Many managers still send the 10 day demand, because it costs little and removes a common defense. Ask for the full amount owed, in clear words, and keep proof of delivery.
Holding over after the term
A fixed term lease ends on its date. For periodic tenancies, G.S. 42-14 sets the notice to quit. Month to month needs 7 days before the end of the period. Week to week needs 2 days. Year to year needs one month. A lot rented for a manufactured home needs 60 days. Time the notice to end on the last day of a rental period.
Breach of a lease term
G.S. 42-26 allows ejectment when the tenant breaks a term that, under the lease, ends the tenancy. The lease must say so. Keep the written warnings, photos and dates that show the breach.
The demand and notice rules sit inside the wider statute, covered in our North Carolina landlord tenant law guide. This post stays with the eviction steps.
Filing the complaint with the clerk
File a complaint for summary ejectment with the clerk of superior court in the county where the property sits. An agent with actual knowledge of the facts may sign it, under G.S. 7A-223. You can claim past due rent and damages in the same case, up to the small claims limit. Attach the lease, the ledger and a copy of the notice or demand.
Summons, service and the sheriff
The clerk issues a summons setting a hearing within 7 days, not counting weekends and legal holidays. Under G.S. 42-29, the sheriff mails the papers by the end of the next business day in an envelope you supply. The officer may phone the tenant to arrange service. Otherwise the officer visits the home at least once, within 5 days of the summons and at least 2 days before the hearing. If no one can be served, the officer posts the papers on the property.
Posting has a cost. Service by mail and posting supports a possession order but generally not a money judgment against the tenant. Under G.S. 7A-223(b1) you can ask the magistrate to split off the rent claim and pursue it separately.
In front of the magistrate
The magistrate grants possession if you prove your case by a preponderance of the evidence, or the tenant admits it. If the tenant does not appear in a nonpayment case, you can ask for judgment on the filed papers under G.S. 42-30. Bring the lease, the ledger, the demand, proof of delivery, and anyone with firsthand knowledge.
Delays are short by design. Under G.S. 7A-223(b), the magistrate may not continue the case for more than 5 days, or until the next small claims session if that is later, unless both parties agree.
Ten days to appeal
Either side can appeal for a new trial in district court. Notice can be given orally in court, or in writing within 10 days of judgment, under G.S. 7A-228. Court costs must also be paid within 10 days in an ejectment case, or the appeal is dismissed.
An appeal alone does not stop the eviction. Under G.S. 42-34, a tenant who appeals stays the writ by paying the undisputed rent arrears to the clerk. The tenant also signs an undertaking to pay rent to the clerk as it falls due. If judgment is entered more than five business days before the next rent date, the tenant also pays prorated rent up to that date. If the tenant misses a payment, you can ask the clerk to lift the stay.
The writ and the lockout
If there is no appeal, ask the clerk for a writ of possession once the 10 days pass. The sheriff gives the tenant notice of roughly when the writ will be carried out. Under G.S. 42-36.2, the sheriff must execute it within 5 days of receiving it. If the judgment is over 30 days old, you must first sign an affidavit that you have not accepted rent or signed a new lease since.
Property left behind
For 7 days after the writ is executed, you must release the tenant's property on request during business hours. You may move it for storage but may not sell or dispose of it in that time. After 7 days, if you offered release and the tenant did not collect it, you may dispose of it under G.S. 42-25.9(g). For the rules on holding a tenant's goods, see our post on the North Carolina landlord lien.
One nonpayment case, by the calendar
A fictional Charlotte tenant pays $1,400 a month, due on the 1st. The lease has no forfeiture clause. November rent is not paid.
- Mon 2 Nov 2026: the manager delivers a written demand for $1,400. The tenant has through Thu 12 Nov to pay.
- Fri 13 Nov: no payment. The complaint is filed and the summons issues.
- Mon 23 Nov: the hearing. That is the 6th weekday after the summons, inside the 7 day limit. The tenant was served in person on Tue 17 Nov. The magistrate grants possession and $1,400.
- Thu 3 Dec: the 10 day appeal window closes with no appeal.
- Fri 4 Dec: the clerk issues the writ, and the sheriff receives it.
- Wed 9 Dec: the latest date for the sheriff to carry it out, 5 days after receipt.
- Wed 16 Dec: the end of the 7 day window to collect property, if the writ ran on 9 Dec.
From demand to lockout, that is 37 days. A holiday, a posted service or an appeal stretches it. Count every date from the statute, and check that the amount claimed matches the ledger on the filing date.
Tracking each case in RIOO
A summary ejectment case leans on records: the ledger, the lease, the demand and the dates. In RIOO, the tenant ledger, lease terms and documents sit with the unit, so staff can pull the balance and the signed lease for the complaint. Notes and attachments keep the demand and proof of delivery with the tenant record. RIOO does not file court papers or give legal advice. See how leasing management keeps lease records together.
North Carolina eviction questions
How long does summary ejectment take in North Carolina?
With no delays, about five weeks. The worked example above runs 37 days from the demand to the lockout. Appeals, holidays and service problems add time.
Can I change the locks after I win in court?
No. Only the sheriff, executing a writ of possession, removes the tenant. Self help eviction is barred by G.S. 42-25.6, and the tenant can recover damages under G.S. 42-25.9.
What if the tenant pays after I file?
Accepting rent after judgment can cause problems. For a judgment over 30 days old, you must swear you took no rent for the period after it before the writ runs. Decide before you accept partial payment, and write down any agreement.
Does the security deposit cover the judgment?
You can apply the deposit to unpaid rent and damages after the tenant leaves, under the notice and timing rules in our North Carolina security deposit guide.
