Information for families in crisis. Action for everyone who wants to help
What To Know About Evictions in North Carolina
Crisis Assistance Ministry’s vision is to inspire our community to justice and generosity as we provide help, hope, and understanding to people struggling with limited financial resources.
Housing instability increasingly affects low-income neighbors, who live with the constant fear that a single unexpected expense could plunge them into financial crisis. This issue is exacerbated by high rental costs, stagnant wages, and a shortage of affordable housing, leaving thousands without a secure safety net.
The widening disparity between rent and income, coupled with a shortage of affordable housing units, has forced many families to rent apartments well beyond their means, which places them in housing-burdened situations.
In 2025, Mecklenburg County recorded 52,625 eviction filings.
As Brian Goldstone wrote in There Is No Place for Us: Working and Homeless in America, “Families are not falling into homelessness. They’re being pushed.”
Stabilizing housing for low-income families requires deep commitment from the community, given the complex and systemic challenges involved. This blog series will explore the eviction process in North Carolina, why eviction prevention matters, and more.
What is an Eviction and How the Eviction Process Works in NC
In North Carolina, the only legal way for a landlord to remove a tenant from a rental property is by going through the eviction process, also known as the summary ejectment process. NC law allows for four reasons to evict a tenant:
1. Nonpayment of rent
2. Expired lease and the tenant remains in possession (also known as a holdover)
3. Breach of lease
4. Criminal activity
All four reasons have different notice requirements and potential defenses, and all four reasons require going through a court process where both sides have an opportunity to speak. A judge makes a decision whether the tenant can be removed from the property based on the evidence presented.
Many landlords may provide tenants with a written notice before filing for eviction. However, the type of notice and content can vary, and in some cases, notice may not be required to proceed with an eviction. In any event, a notice from the landlord alone cannot force a tenant to leave the property. Removal requires a court order, which only happens once the legal process has concluded.
To start the eviction process, a landlord must file paperwork (summons and complaint) with the courts requesting a hearing. The complaint explains why the landlord believes they are entitled to possession of the property, and the summons provides the date, time, and location of the hearing.
Once a landlord has filed for an eviction, the timeline can move quickly. A tenant will get a copy of the eviction papers, either by mail or from the sheriff. The hearing often occurs within a week after the landlord files. After the hearing in small claims court, either party has a right to request an appeal to district court if they are unhappy with the decision.
If the landlord wins in small claims and no appeal is filed, on the 11th day following the hearing, the landlord can return to the court to request that the tenant be removed from the home (writ of possession). Once the writ is filed, the sheriff will come out to the property within a few days to remove the tenant and change the locks.
Common Misconceptions About Evictions
Many people have never been involved in an eviction case before. As a result, there are several common misunderstandings about how the process works.
Misconception #1: A landlord can make a tenant leave immediately.
One of the most common misconceptions is that a landlord can simply tell a tenant to leave, change the locks, or shut off utilities when rent is owed or a lease violation occurs. In North Carolina, a landlord must go through the court process before a tenant can be legally removed from a home. A tenant is entitled to have their case heard by a judge before they can be removed from the property.
Misconception #2: Missing court does not matter if the outcome is unavoidable.
Some tenants assume that if they owe rent or if they believe the judge will rule against them, there is no reason to attend the hearing. The hearing is an opportunity for both sides to present information and for the judge to hear the facts of the case. A tenant who does not appear may lose the opportunity to raise concerns, present a defense, or understand the options available moving forward.
Misconception #3: Every eviction filing ends with a tenant being removed from the home.
An eviction filing is the beginning of a legal process, not the end of one. Some cases are dismissed and others are resolved through agreements between the parties. In many situations, tenants remain housed after the case is resolved. Understanding the process and responding quickly can help households make informed decisions during a housing crisis.
Why Timing Matters
The earlier a household seeks assistance, the more opportunities may exist to avoid both displacement and long-term housing barriers. Because eviction cases move quickly, delays in seeking help dramatically reduce the available options. Options like mediation, securing rental assistance, or developing strong legal defenses are much easier to pursue before the court date, but become increasingly difficult afterward.
Unfortunately, many households wait until after a landlord has already filed the official paperwork to seek assistance, which often leaves them scrambling under immense pressure and with limited time to find a solution. Acting early provides the greatest opportunity to understand available resources and make informed decisions.
An Eviction Filing Can Have Consequences Beyond Court
While the immediate concern in an eviction case is often whether a tenant can remain in their home, it is crucial to understand that an eviction filing can have consequences that extend far beyond the courtroom and the current tenancy. When an eviction case is filed, the filing becomes part of the public court record. Information contained in court records may be accessible through court databases and may also be collected by tenant screening companies. As a result, future landlords may be able to see that an eviction case was filed, regardless of the outcome of the case.
This means that even if a case is dismissed, resolved in the tenant’s favor, or settled, the record of the initial filing may remain visible to future landlords checking rental history. A visible eviction filing, even one without a judgment for possession, can create significant long-term housing barriers and affect future rental applications.
In North Carolina, as opposed to states like Utah and Virginia, eviction filings can appear in public records indefinitely. For some households, this will make it much harder to find a safe and stable home.
Conclusion: Understanding the Process
In North Carolina, the eviction, or summary ejectment, process is the only legal way for a landlord to remove a tenant. Whether a case involves nonpayment of rent, lease violations, holdover tenancy, or criminal activity, the process can move from filing to a court hearing in a matter of days.
Understanding how the process works is important. The speed of the process means that early action can make a meaningful difference. Once a case is filed, options often become more limited and timelines become increasingly compressed.
In our next blog post, we will explore why eviction prevention matters and discuss strategies to keep families in their homes and avoid the lasting impact of an eviction court filing.
If you are experiencing a housing crisis in Mecklenburg County, consider reaching out to the following resources:
- Crisis Assistance Ministry: For rental assistance, housing stabilization, and prevention services.
- Legal Aid of North Carolina or Charlotte Center for Legal Advocacy: For legal information and representation for eligible households.
- Legal Aid of North Carolina representatives are onsite at Crisis Assistance Ministry the 10-20th of each month, in the mornings, Monday – Friday.
- Coordinated Entry: For housing navigation and connections to homelessness prevention and other housing resources.
The information in this blog is for general informational purposes only and does not constitute legal advice. Readers should contact an attorney if they have questions about a specific case.
If you want to be part of Crisis Assistance Ministry’s housing stability solutions, there are many ways to engage:
- Subscribe to our monthly newsletter and follow us on social media to stay informed.
- Share this article with a friend.
- Donate gently used clothing and small household goods to the Free Store.
- Volunteer to offer dignity and hope to neighbors in need.
- Give a financial gift to provide assistance and advocacy for people in financial crisis.