The eviction process often starts with the delivery of an eviction notice on the tenant. In North Carolina, this step is generally not required if the tenant violates the lease other than non-payment of rent.

That said, an eviction notice can sometimes save the landlord the trouble of going through the court system to have the tenant vacate.

• 10-Day Notice to Quit for Non-Payment
• 7-Day Notice to Terminate Month-to-Month Lease
• Notice to Quit for Non-Compliance

If the tenant has not moved out and the deadline has passed, the landlord can file a Complaint In Summary Ejectment with the Small Claims Court of the county in which the property is located. E-filing is also available for eviction forms.

If the landlord is seeking unpaid rent or damages from the tenant, they must also complete and file the Certification of Identity.

After opening an eviction case, the court will produce a Summons to be served on the tenant along with the Complaint. Service must take place via certified mail or through the sheriff.

If the forms are mailed, the landlord must file a sworn statement and postal receipt with the court proving service was made.

The landlord and tenant must appear at the court hearing and state their cases. If the verdict is in the landlord’s favor, the court will issue a Judgment in Action, ordering the tenant to vacate the property.

Both parties will be given 10 days to appeal the decision.

If the appeal period expires and the tenant has not vacated, the landlord can file a Writ of Possession with the court, ordering the sheriff to remove the tenant. The sheriff will remove the tenant within five days of receiving the writ.