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Step 1: Written Notice from the Landlord (The "Pre-Lawsuit" Stage)

What it is: Before going to court for most types of evictions, the landlord must give you a formal written notice.

Why it happens:

• Non-Payment of Rent: You haven't paid your rent. The notice will state the amount you owe and give you a deadline to pay (usually 10 days) to avoid court. (N.C. Gen. Stat. § 42-3)
• Lease Violation: You've broken a rule in your lease (e.g., unauthorized pet, causing disturbances). The notice should tell you what the violation is and what you need to do (if anything) to fix it, and by when. The lease dictates the notice period.
• Lease Ending (Holdover): Your lease term has ended, and the landlord does not want to renew, or you are a month-to-month tenant and the landlord is ending the tenancy.
  • Month-to-month: Usually 7 days' written notice. (N.C. Gen. Stat. § 42-14)
  • Year-to-year: Usually 30 days' written notice before the end of the current year of the tenancy. (N.C. Gen. Stat. § 42-14)

What you should do:

• Read the notice carefully! Note any deadlines.
• If it’s for non-payment, try to pay the amount due by the deadline if possible. Get a receipt.
• If it’s for a lease violation, see if you can correct the issue.
• Communicate with your landlord in writing if you can resolve the problem.
• Start gathering any documents related to your tenancy (lease, rent receipts, communications with landlord).

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Step 2: Landlord Files a "Complaint in Summary Ejectment" (The Lawsuit Begins)

What it is: If you don't pay the rent owed (after the 10-day notice) or resolve the lease violation/move out by the notice deadline, the landlord can file a lawsuit to evict you. This lawsuit is called a "Complaint in Summary Ejectment" and is filed in Small Claims Court (also known as Magistrate's Court).

How you know: You will be served with a copy of the Complaint and a Magistrate Summons. This is usually delivered by the Sheriff's Department in person or by posting it on your door and mailing it.

The Summons: This important document will tell you:

• The date, time, and location of your court hearing.
• That you have the right to appear in court and defend yourself.
• The deadline by which you must file a written "Answer" if you choose to do so (though an Answer is not always required in small claims court to appear and defend, it's often a good idea).

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Step 3: Your Court Hearing in Small Claims Court (Magistrate's Court)

When it happens: The court date is usually scheduled quickly, often within 7-10 days after the landlord files the complaint and you are served. Wake County court dockets can be busy, so this might vary slightly.

What to expect:

• You and your landlord (or their representative/attorney) will appear before a Magistrate.
• The landlord will present their case for why you should be evicted.
• You will have a chance to present your side, including any defenses (see "Common Defenses" on the "Know Your Rights" page) and evidence (photos, emails, witnesses, etc.).

Should you go? YES! If you don't go to court, the Magistrate will likely rule in favor of your landlord by default, and you will be evicted.

Possible Outcomes:

• Judgment for Landlord: The Magistrate rules in favor of the landlord. The judgment will state that the landlord has the right to regain possession of the property and may also include a money judgment for back rent and costs.
• Judgment for Tenant: The Magistrate rules in your favor, and you will not be evicted based on this complaint.
• Case Dismissed: The case might be dismissed (e.g., if the landlord didn't follow proper procedures).
• Continuance: The hearing might be postponed to a later date if there's a good reason.

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Step 4: The Magistrate's Judgment and Your Right to Appeal

If the Landlord Wins: The Magistrate will issue a "Judgment for Possession."

Your Right to Appeal: You have 10 calendar days from the date of the Magistrate's judgment to appeal the decision to District Court if you believe the Magistrate made a mistake.

• How to Appeal: You must file a "Notice of Appeal" with the Clerk of Court and pay an appeal bond (a sum of money) or apply to appeal as an indigent (if you cannot afford the costs). Appealing can be complicated, and you may need legal help.
• Staying (Pausing) Eviction During Appeal: If you appeal, you usually have to pay ongoing rent to the court (called a "rent bond") as it becomes due to remain in the property while the appeal is pending. If you don't pay this bond, the landlord can have you removed even if your appeal is still active.

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Step 5: The "Writ of Possession" (If You Lose and Don't Appeal, or Lose the Appeal)

What it is: If the 10-day appeal period passes and you haven't appealed (or if you appealed and lost, or didn't pay the rent bond), the landlord can request a "Writ of Possession" from the Clerk of Court.

What it does: This document directs the Sheriff to remove you and your belongings from the property.

Timeline: The landlord can request the Writ after the 10-day appeal period expires. Once the Clerk issues the Writ (usually within a few days of the request), it is sent to the Sheriff.

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Step 6: Execution of the Writ by the Sheriff (The Actual Eviction)

Sheriff's Involvement: The Sheriff's Department will execute the Writ.

Notice from Sheriff: The Sheriff must generally give you notice of when the eviction (the "padlocking") will occur. In North Carolina, the Sheriff is supposed to schedule the padlocking within 7 days of receiving the Writ. They often post a notice on your door 24-48 hours beforehand, but this can vary.

The Padlocking: On the scheduled date and time, deputies from the Sheriff's Department will come to the property. You will be required to leave. The landlord or their agent will typically change the locks.

Your Belongings:

• If you are present when the Sheriff comes, you usually have a short time to remove essential personal items.
• After 7 Days (if landlord stores): If your belongings are still in the property after the padlocking, the landlord may, after 7 days from the padlocking, throw away, dispose of, or sell the property. (N.C. Gen. Stat. § 42-25.9(g)).
• Delivery to a Storage Facility (alternative): The landlord also has the option to deliver your property to any company engaged in the business of storing goods for hire in the county, after notifying you of the name and address of the storage company. (N.C. Gen. Stat. § 42-25.9(h)). You would then need to contact the storage company to retrieve your items and would likely be responsible for storage fees.
• It's crucial to try and remove all your belongings before the Sheriff comes if possible.

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