For property owners in New Hanover, Pender, Onslow, and Brunswick counties, the word “eviction” is synonymous with stress. In North Carolina, the process is a structured legal remedy known as Summary Ejectment. It is designed to be relatively fast, but it is governed by a sequence of deadlines that can derail your case if even a single day is miscalculated.

In the Cape Fear region, where rental demand remains high in cities like Wilmington and Jacksonville, understanding this timeline is the difference between regaining possession in weeks or getting stuck in a drawn-out stalemate.

The 10-Day Demand: The Non-Negotiable Start

For the most common eviction trigger, non-payment of rent, North Carolina requires a mandatory notice period before you can file.

• The demand: Provide a written 10-day notice to quit (demand for rent). The tenant gets ten full days to pay the balance in full.
• The strategic trap: Many landlords in Hampstead or Leland file on the 10th day. The tenant has through the end of day 10 to pay. You file on day 11.

The Small Claims Hearing: Typically 7 to 14 Days

After the notice period expires, you file a Complaint in Summary Ejectment with the Clerk of Court in the county where the property is located (Burgaw for Pender, Bolivia for Brunswick, and so on).

The clerk issues a Magistrate Summons that must be served. Hearings are commonly set about 7 to 14 days after filing, depending on county scheduling. The case is heard in Small Claims Court before a magistrate.

Bring clean documentation: the lease, your rent ledger, and proof of the 10-day notice. If you win, the magistrate enters a Judgment for Possession.

The 10-Day Appeal Window

Winning does not mean immediate lockout. Tenants have a statutory right to appeal to District Court.

• The waiting period: You wait 10 calendar days after judgment is entered.
• The appeal mechanics: If the tenant appeals, they typically must pay required amounts to the Clerk of Court to stay in the home while the case moves forward. If they do not appeal by the end of day 10, the judgment becomes final.

The Writ of Possession: The Final Step

On day 11, if the tenant is still in the property in Surf City or Oak Island, you request a Writ of Possession from the clerk.

The writ is delivered to the Sheriff’s Office. The Sheriff schedules the lockout (often within about 5 to 7 days, schedule-dependent). Only with the Sheriff present can you legally change locks. “Self-help” actions like shutting off utilities or changing locks yourself can trigger serious civil exposure and can compromise your case.

Strategic Advice for Local Landlords

• Avoid partial payments after filing: Accepting even a small amount after filing can create waiver arguments and may force a restart of the notice cycle depending on the facts.
• Document service and dates: Clean proof of notice and service produces cleaner hearings and fewer delays.
• Plan around seasonality: In markets like Wrightsville Beach and Topsail, losing weeks during peak season is real money. Tight process control matters.

Your Next Step

Summary Ejectment is predictable when you treat it like a timeline, not a confrontation. At Aspyre Realty Group, we help investors and landlords connect with strong local management and legal resources across Southeastern North Carolina so your rental stays compliant and your property stays protected.