In North Carolina, a landlord cannot remove a tenant without going through court. The process, called summary ejectment, starts in small claims court before a magistrate and ends with the sheriff enforcing a writ of possession. If you would rather be done with the property than finish the eviction, ENC Home Solutions buys rentals across Pitt County and Eastern North Carolina with tenants still in them.
ENC Home Solutions is a family-owned cash home buyer in Greenville, North Carolina, buying houses, land and mobile homes across Pitt County and Eastern North Carolina since 2020, with 150+ properties bought and counting.
What are the steps to evict a tenant in North Carolina?
- Demand. For unpaid rent, the landlord first makes a demand for the rent (or for possession) before filing. Check your lease and the statute for the notice required in your situation.
- File the complaint. The landlord files a summary ejectment complaint with the Clerk of Superior Court in the county, and the sheriff serves the tenant.
- Small claims hearing. The case is usually heard by a magistrate within about 10 days of filing.
- Appeal window. Either side has 10 days after the judgment to appeal to District Court. A tenant who appeals may be able to stay by posting a bond and paying rent into court.
- Writ of possession. If there is no appeal, the landlord can usually ask for a writ of possession beginning the 11th day after judgment.
- Sheriff. The sheriff executes the writ, generally within 5 days of receiving it, after giving the tenant notice.
Steps summarized from North Carolina court and county clerk guidance as of October 2026. Confirm current requirements with your attorney or the Clerk of Superior Court.
How much does an eviction cost?
Court costs alone run about $96 to file plus about $30 per tenant for sheriff service, according to clerk guidance, and more if there is an appeal. The bigger costs are the lost rent while the case runs, repairs after the tenant leaves, and the weeks of vacancy before a new tenant moves in.
Can I sell my rental before the eviction is finished?
Yes. You can sell a rental with an eviction pending or with a tenant who is behind. The existing lease generally stays in place when the property sells, and security deposits transfer to the new owner under North Carolina’s Tenant Security Deposit Act. Tell us where the case stands, and we will factor it into one written offer.
When does selling make more sense than evicting?
- You are tired of being a landlord and the property needs work anyway
- The tenant has caused damage that will cost more than the rent you are owed
- You live out of town and cannot manage turnover and repairs from a distance
- The property is inherited and the family does not want to run a rental
How does selling to ENC Home Solutions work?
- Call us or fill out the form. Tell us the address and a little about the property.
- We walk the property. A member of our team sees it in person, usually within a few days and at a time that suits you.
- You get a written cash offer. You get it within 96 hours, with no obligation and no pressure.
- You choose the closing date. A local North Carolina closing attorney handles the title work and payoffs.
- Get paid at closing. No commissions, no repairs and no cleanout, and we cover the closing costs.
Get a written cash offer for your property. No obligation, no commissions, no repairs.
Frequently asked questions
Can I change the locks or shut off utilities to get a tenant out?
No. North Carolina requires landlords to go through the court process. Self-help evictions can expose a landlord to liability.
Do I need an attorney to evict?
Many landlords file small claims evictions themselves, but an attorney is a good idea for anything contested or unusual.
Will you buy a property with a tenant who is not paying?
Yes. We buy rentals with paying and non-paying tenants and account for the situation in our offer.
Can I sell during the tenant’s appeal?
Yes. You can sell at any time; tell us where the case stands.
What happens to the tenant’s security deposit when I sell?
It transfers to the new owner, and the tenant is notified.
Can I evict a tenant over the holidays?
Courts follow their normal schedules, but holidays and weather can slow things. Ask the clerk in your county.
Related pages: Sell a Rental With Tenants · Out-of-State Owners · Greenville
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ENC Home Solutions is not a law firm, and this page is general information, not legal, tax or financial advice. Laws and local procedures change, and every situation is different, so we recommend talking with a North Carolina attorney before you act.
Written by Rachael T., Owner, ENC Home Solutions. Last updated October 27, 2026.