Introduction
Evictions are always stressful—and in Mecklenburg County, the process must follow state law carefully to avoid missteps. Here’s your updated guide for 2025, explaining the complete summary ejectment process under North Carolina law—plus emerging changes on the horizon.
Step 1: Required Notice Periods Before Filing
Before you file anything, you must serve the proper eviction notice—timing depends on your tenancy type:
| Reason for Eviction | Required Notice Period (NC) |
| Nonpayment of Rent | 10-Day Notice (Notice to Quit) |
| Month-to-Month Lease | 7-Day Notice to Quit |
| Week-to-Week Lease | 2-Day Notice to Quit |
| Year-to-Year Lease Termination | 30-Day Notice |
| Serious Lease Violation or Criminal Activity | No notice required |
Issuing proper notice is critical—failure to do so may result in the court dismissing your eviction case.
Step 2: Filing a Complaint in Summary Ejectment
If the tenant doesn’t respond or remedy the situation:
1. File a Complaint in Summary Ejectment with the clerk of court (small claims or District Court, depending on your case value).
2. Pay around $96 for filing; serving the tenant typically costs another $30–$50.
3. The court will schedule a hearing typically within 7–30 days of filing, depending on county backlog.
Step 3: Proper Service of Court Documents
Your eviction cannot proceed without legally valid service:
– Personal service via sheriff or process server (most reliable).
– Certified mail with return receipt—valid if delivery is successful.
– If others fail, posting the notice on the property may be allowed in limited cases (last resort).
The server must file a Return of Service, which confirms the tenant was properly notified. Improper service leads to delays or dismissal.
Step 4: Small Claims Hearing (Summary Ejectment)
At your court hearing:
– The landlord presents the case first—complaint and evidence.
– The tenant can present defenses and counterclaims (e.g., retaliatory eviction, habitability issues, acceptance of rent after violations).
– If the tenant doesn’t appear and wasn’t served properly, judgments regarding rent cannot be awarded—only eviction may be granted.
Step 5: Writ of Possession & Sheriff Enforcement
If you win:
– Wait for the 10-day appeal period before moving forward.
– Obtain a Writ of Possession, paying a small clerk fee.
– The Sheriff executes the eviction—removing tenant belongings and changing locks. Be sure not to attempt a “self-help” eviction (like locking doors on your own)—this is illegal.
Emerging Update: Expedited Squatter Evictions
A new bill approved in 2025 aims to fast-track eviction of unauthorized occupants (‘squatters’) — within 48 hours of a lawful complaint and law enforcement validation.
– This applies only to occupants with no lease or ownership rights—not standard tenants.
– Squatters would still have rights to civil hearings if they believe an eviction was wrongful.
Why Process Matters
– Avoiding illegal evictions safeguards landlords from costly lawsuits.
– Accuracy in notices and filings prevents unnecessary delays and legal challenges.
– Awareness of policy changes, like squatter eviction laws, ensures landlords remain compliant and proactive.
Conclusion
Evictions in Mecklenburg County require careful navigation of notice rules, court procedures, and potential tenant defenses. Whether you’re a landlord or tenant facing this process, understanding each step—and having support—can make the experience more manageable.
About Adkins Law PLLC — Huntersville
At Adkins Law PLLC, we guide clients through real estate and landlord-tenant legal matters with clarity and confidence. Whether you’re pursuing eviction, defending against one, or need strategic advice in a complex tenancy case, our Huntersville-based team is ready to help. Contact Adkins Law if you need to speak with an experienced attorney in Huntersville, NC.
Disclaimer: This site provides general information only and is not legal advice. Viewing this site does not create an attorney-client relationship.
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