Uncontested: 21–45 days · Contested: 45–100 days · Under N.C.G.S. § 42 (Landlord and Tenant)
The North Carolina eviction process requires a court-ordered judgment before a landlord can remove a tenant. Timeline figures below begin after the pre-filing notice period expires and the landlord files the complaint with the court. Add 3–60+ days for the applicable pre-filing notice period (pay-or-quit, cure-or-quit, or no-fault) depending on the eviction reason.
| Uncontested eviction (after filing) | 21–45 days | N.C.G.S. § 42 (Landlord and Tenant) |
| Contested eviction (after filing) | 45–100 days | N.C.G.S. § 42 (Landlord and Tenant) |
| Pre-filing notice: Nonpayment of rent | 10 days | N.C. Gen. Stat. § 42-3 |
| Pre-filing notice: Material breach of lease | 0 days | N.C. Gen. Stat. § 42-26(a)(2) |
| Pre-filing notice: Holdover after lease ends | 0 days | N.C. Gen. Stat. § 42-26(a)(1) |
| Pre-filing notice: Month-to-month termination | 7 days | N.C. Gen. Stat. § 42-14 |
| Court filing fee | $150–$200 | N.C.G.S. § 42 (Landlord and Tenant) |
Written demand for rent. Required under N.C. Gen. Stat. § 42-3 unless the lease has a forfeiture-and-reentry clause that waives it. Most commercial NC leases do; custom and oral leases typically do not. Day of service does not count.
Form CVM-201 filed with the Clerk of Superior Court in the county where the property sits. Filing fee $96 to $126 by county. Service is by sheriff.
Sheriff serves the summons. Magistrate hearing typically 7 to 14 days out. Bench hearing, no jury. Magistrate has wide discretion to continue if the tenant raises a habitability defense with documentation.
After judgment, the loser has 10 days to appeal to district court for trial de novo under N.C. Gen. Stat. § 7A-228. Tenant appealing to stay on premises must post a bond covering rent in arrears plus prospective rent into the court registry.
After judgment becomes final (10 days from magistrate, or after district court judgment if appealed), the landlord requests the writ. Sheriff executes within 5 to 10 days under N.C. Gen. Stat. § 42-36. Faster than most states.
Informational only, not legal advice. Consult a licensed North Carolina attorney. Source attribution in the Sources band below.
