Evicting a bad tenant in North Carolina costs ~$6,496.
How North Carolina handles evictions
Summary ejectment process is quick, but a mandatory 10-day appeal window follows every judgment.
The eviction process in North Carolina, step by step
Governed by N.C. Gen. Stat. § 42-26 et seq. (summary ejectment).
- 1
Serve notice/demandDay 0
10-day rent demand (§ 42-3), § 42-14 notice to quit, or the lease's breach notice.
- 2
File summary ejectment complaintAfter notice expires
Form AOC-CVM-201 with the magistrate; ~$96 filing fee (confirm on the NC AOC court-costs chart).
- 3
Sheriff serves summonsDays ~5–7
$30 service (§ 7A-311); hearing generally set within about 7 days of filing.
- 4
Magistrate hearing and judgmentDays ~7–14
Judgment for possession in small claims court.
- 5
Appeal window10 days
No enforcement during the 10-day appeal period (§ 7A-228).
- 6
Writ of possessionAfter day 10
Clerk issues the writ ($25, § 7A-308(a)(5)); delivered to the sheriff ($30).
- 7
Sheriff removes tenantWithin 5 days of writ
Sheriff executes after notifying the tenant of the approximate time (§ 42-36.2).
North Carolina court fees
| Fee | Amount |
|---|---|
| Filing fee (small claims) | ~$96 (confirm current AOC chart) |
| Sheriff service of summons | $30 |
| Writ of possession (clerk + sheriff) | $25 + $30 |
Required notice periods in North Carolina
Nonpayment of rent
10-day demand for all past-due rent before forfeiture
Lease violation
No fixed statutory period — the lease's forfeiture clause governs
No cause / end of term
7 days for month-to-month (not 30); 2 days week-to-week
Statute: N.C. Gen. Stat. §§ 42-3, 42-14, 42-26
Most of that loss is preventable.
Bad tenants almost always leave a paper trail — the problem is that most landlords don't check carefully. Here's what a proper screening catches before you sign the lease.
North Carolina eviction cost FAQ
How much does it cost to evict a tenant in North Carolina?
Roughly $180 in court/sheriff costs: about $96 to file the summary-ejectment complaint, $30 sheriff service (§ 7A-311), a $25 clerk execution fee for the writ (§ 7A-308(a)(5)), and another $30 for the sheriff to execute it.
How long does an eviction take in NC?
Typically 3–5 weeks: after the required notice (e.g., the 10-day demand under § 42-3), the magistrate hearing lands about 7–14 days after filing, there's a mandatory 10-day appeal window (§ 7A-228), then the sheriff executes the writ within 5 days of receiving it (§ 42-36.2).
What notice do I give before filing for nonpayment in NC?
The tenancy is forfeited only after the tenant fails to pay all past-due rent within 10 days of your demand (§ 42-3). To end a month-to-month tenancy without cause, give a 7-day notice instead (§ 42-14).
How much notice to end a month-to-month lease in NC?
7 days (§ 42-14) — not 30. It's 2 days for week-to-week, at least a month for year-to-year, and 60 days for a manufactured-home space.
Do I file NC evictions in small claims court?
Yes — summary ejectment is heard by a magistrate in small claims court, limit $10,000 (§ 7A-210). A back-rent claim over $10,000 may need District Court.
How much does it cost to evict someone in North Carolina?
A typical contested eviction in North Carolina costs around $6,496 all-in: a $96 filing fee, roughly 1 months of lost rent ($1,400 at a typical $1,400/mo), plus legal fees, property damage beyond the deposit, and turnover costs. Uncontested cases cost less.
How long does an eviction take in North Carolina?
About 30 days (~4 weeks) on average from notice to lockout. Summary ejectment process is quick, but a mandatory 10-day appeal window follows every judgment.
How much is the eviction filing fee in North Carolina?
$96, filed with the Small Claims (Magistrate) Court. Service, writ, and execution fees are typically extra and vary by county/court.
What court handles evictions in North Carolina?
Evictions in North Carolina are handled by the Small Claims (Magistrate) Court.
Sources & methodology
Filing fees and timelines reflect the Small Claims (Magistrate) Court and public tribunal fee schedules; cost figures are estimates compiled from public court schedules, Eviction Lab, and state guides — actual costs vary by county, contest status, and market conditions. Last reviewed 2026-07-02. Primary statute: N.C. Gen. Stat. § 42-26 et seq. (summary ejectment).
- N.C. Gen. Stat. § 42-26 (summary ejectment)
- N.C. Gen. Stat. § 42-3 (10-day demand)
- N.C. Gen. Stat. § 42-14 (notice to quit)
- NC Judicial Branch — Current Court Costs
This page is general information, not legal advice. Consult a local attorney for your specific situation.