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?
TenantFort estimates a contested eviction in North Carolina at 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, using national planning figures for those three. Uncontested cases cost less.
How long does an eviction take in North Carolina?
Roughly 30 days (~4 weeks) from notice to lockout, as an estimate; contested cases take longer. 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
The filing fee is the Small Claims (Magistrate) Court's published fee, last checked against the fee schedule on 2026-07-02. The timeline and typical rent are estimates. Property damage ($2,500), legal fees ($1,000) and turnover ($1,500) are round planning figures, the same for every state, not costs measured in North Carolina. Real costs vary by county, whether the tenant contests, and the market. 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.