Know your rights: What to do if you’ve been evicted in North Carolina
Many tenants in North Carolina who fell behind on rent due to the COVID-19 pandemic were left vulnerable to eviction when the U.S. Supreme Court ended the federal moratorium on evictions and state-level protections in June 2021.
Over 35% of adults in the state are behind on payments and at risk of either eviction or foreclosure, according to a Filterbuy report published last summer. North Carolina is the eleventh most likely state to face eviction or foreclosure.
When it comes to evictions, landlords in North Carolina must go through the court before locking out a tenant, and an eviction case is called “summary ejectment.” That means the landlord needs to file court papers, have a hearing in small claims court and get an eviction order.
Landlords can send “eviction notices” to warn tenants that they will file for eviction unless the tenant moves out beforehand, but advanced notice is not required. Still, landlords are not allowed to change locks, turn off utilities, remove doors, etc. without going to court.
Tenants can appeal an eviction even if they miss a court date or lose in small claims court.
We consulted Legal Aid of North Carolina and the North Carolina Judicial Branch to put together advice for those who may want to appeal their evictions.
▪ Appeal quickly: A tenant needs to file an appeal of the eviction order no more than 10 calendar days after the eviction is approved in court. If the court does not announce the eviction order and mails it to the tenant instead, the tenant must file the appeal within 13 days.
▪ Cost to appeal: It usually costs $150 to file an appeal, but you may not have to pay this. If you receive food stamps, supplemental security income or otherwise can’t afford the fee, you can ask the clerk to waive or forgive the court costs.
▪ Have these three forms:
Notice of Appeal: This lets the court and landlord know they’re appealing the eviction. Find the form here: nccourts.gov/documents/forms/notice-of-appeal-to-district-court
Petition to Proceed as Indigent: This is a fee waiver form. Find the form here: nccourts.gov/documents/forms/petition-to-proceed-as-an-indigent
Bond to Stay Execution: This gets submitted with the rent that the tenant pays to the clerk of court. Tenants who pay the rent bond are able to stay in the home until the new court date. Find the form here: nccourts.gov/documents/forms/bond-to-stay-execution-on-appeal-of-summary-ejectment-judgment
Legal Aid of North Carolina has a step-by-step video tutorial on their website explaining how to fill out all three forms.
Other eviction resources for NC tenants
▪ Check out eCourts Guide & File: This online resource from the Judicial Branch can help users prepare their court documents online so they can file their appeal. Visit northcarolina.tylertech.cloud/SRL for more information.
▪ Call the Housing Helpline: Get help with landlord-tenant issues by calling Legal Aid of North Carolina’s statewide Housing Helpline. For more information, visit legalaidnc.org/get-help.
Important note: If a tenant misses a bond payment or fails to file an appeal in time, the landlord may file a Writ of Possession. This is an order that tells the sheriff to remove the tenant from the property, then the landlord can change the locks. Even if the tenant is late on their bond payments, the court might accept it, as long as the landlord hasn’t filed the Writ yet.
Get more information on your rights at Legal Aid of North Carolina: legalaidnc.org. And visit the North Carolina Judicial Branch’s website to read up on the eviction process: nccourts.gov.
This story was originally published January 31, 2022 at 1:12 PM with the headline "Know your rights: What to do if you’ve been evicted in North Carolina."
