Tenant won't move out in North Carolina
North Carolina landlord guide for a tenant who remains after a fixed term or completed termination, including demand for surrender and summary-ejectment next steps.
What the North Carolina tool checks
- Start with why the tenancy should already be over.
- Verify fixed-term expiration or a completed periodic/lease termination.
- Confirm the tenant is still in possession and whether a demand for surrender has already been made.
- If the demand was made and refused, continue to the official North Carolina summary-ejectment filing stage.
Based on
N.C.G.S. §§42-26 and 42-25.6
Rules verified September 7, 2026. The tool stops rather than inventing certainty when special housing, an existing case, disputed occupant status, fair-housing issues, or unsupported facts control.
Why the facts matter
North Carolina separates the end of the tenancy from the court process used to recover possession. Section 42-26 requires a demand for surrender before summary ejectment on its covered grounds, and §42-25.6 prohibits self-help residential removal.
What to verify before taking the next step
- The lease term and any renewal/nonrenewal clause.
- For periodic tenancy, whether the applicable §42-14 notice was completed.
- Whether the tenant remains physically in possession.
- Whether a demand for surrender was already made and refused.
What happens next
If termination is established and the tenant remains, the tool can create a written demand for surrender. If that demand has already been made and refused, the workflow routes to North Carolina's official summary-ejectment filing resources.
Use the North Carolina decision tool