North Carolina Eviction Notice Forms – PDF
Eviction cases in North Carolina are called Summary Ejectment cases. The process usually takes up to sixty days if an appeal is filed by the tenant.
1. Notice
If landlords want to evict for nonpayment of rent, they must provide tenants with 10 days’ notice during which time the tenant can pay the rent or vacate the property. For evictions for lease violations, notices do not have to be a particular length unless the lease specifies a certain length of time. In any case, the owner must still provide notice to correct the violation or move.
2. Summary Ejectment
If the tenant does not pay the rent or move, the next step is to file the Summary Ejectment Summons and Complaint. The sheriff will serve these documents to the tenant personally, and the tenant must file an Answer within seven days of service.
3. Hearing
Landlords may ask for money damages at the hearing. If the tenant does not appear at the hearing, the judge will issue a judgment for possession to the landlord, but cannot award damages. In that case, the landlord would have to file a separate complaint to obtain damages.
Like other cases, the landlord must prove that the tenant violated the lease to win the eviction. Thus, owners should bring copies of all relevant documents like the lease and notices. Tenants can try to show that the landlord’s claims are false with relevant evidence and witnesses.
Either party may file an appeal within 10 days of the decision, but tenants must pay rent during the appeal period if the tenant is appealing a decision in favor of the landlord. After this 10-day period, the landlord may request a Writ of Possession. The Writ notifies the tenant that the sheriff will remove tenants and all their property from the premises within seven days.
Sources
http://www.nccourts.org/Forms/FormSearch.asp