So You’ve Been Served With a Court Date for Summary Ejectment: What To Do in North Carolina

Being served with a summary ejectment notice the legal process landlords use to evict tenants in North Carolina can feel overwhelming. At Prosperity North Carolina, we know that housing stability is the foundation for thriving families and communities. That’s why we want to walk you through what this process means, what rights you have, and what steps you can take to protect yourself and your family.

1. Understanding Summary Ejectment in North Carolina

In North Carolina, eviction cases are legally called summary ejectment proceedings. They are filed when a landlord believes a tenant has violated the lease usually for nonpayment of rent, holding over after the lease ends, or breaching lease terms.

The process is governed primarily by Chapter 42 of the North Carolina General Statutes. Key things to know:

• The landlord must file a Complaint in Summary Ejectment in Small Claims Court.

• You will receive a Summons and Complaint with a court date usually within 7 business days of service.

• The case will be heard before a magistrate, not a jury.

• If the landlord wins, they receive a Judgment for Possession.

2. Don’t Ignore the Summons

If you do nothing, the court will likely rule in favor of the landlord by default. This can result in:

• Losing your housing

• Owing back rent and court costs

• Receiving an eviction record that can make it harder to rent in the future

Always attend your court date.

3. Preparing for Your Court Date

Bring documentation that supports your case, such as:

• Proof of rent payments (receipts, bank statements, money order stubs)

• Written communications with your landlord (emails, texts, letters)

• A copy of your lease agreement

• Photos of any repair issues, unsafe conditions, or code violations

• Witness statements if needed

4. Legal Defenses You May Have

North Carolina tenants do have rights. Some possible defenses include:

• Rent was paid or accepted. If you paid rent (even partial) and the landlord accepted it, the eviction may be barred.

• Improper notice. The landlord must follow correct notice procedures before filing. For nonpayment of rent, no advance notice is required, but for other breaches or lease expirations, written notice is often necessary.

• Uninhabitable conditions. If the landlord failed to maintain a safe, habitable home (heat, plumbing, electrical, structural safety), you may raise a defense under the Warranty of Habitability (G.S. § 42-42).

• Retaliation or discrimination. Eviction cannot legally be in retaliation for requesting repairs, joining a tenants’ organization, or based on race, gender, family status, disability, or other protected characteristics under Fair Housing laws.

5. After the Hearing

• If you win: You remain in your home.

• If the landlord wins: The magistrate will issue a Judgment for Possession.

The landlord must then request a Writ of Possession, carried out by the Sheriff’s Office, usually within 10 days.

You have the right to appeal within 10 days of judgment. An appeal moves your case to District Court, where you can request a jury trial. To appeal, you may need to post a bond (often the amount of rent owed).

6. Financial & Legal Help

Prosperity North Carolina encourages tenants to seek help immediately:

• Legal Aid of North Carolina: Provides free legal representation for eligible tenants.

• Housing counseling agencies: Can guide you on rental assistance, mediation, and payment plans.

• Rental and utility assistance programs: Available through local county social services offices and nonprofits.

• Faith and community partners: Often step in to provide emergency aid.

7. Practical Steps You Can Take Now

• Communicate with your landlord. Try to negotiate a payment plan or settlement before court.

• Seek rental assistance. Programs in Durham, Orange, and Chatham Counties still provide emergency housing funds.

• Document everything. Keep a paper trail of rent paid, conditions reported, and communications made.

• Know your rights. Even if eviction is granted, the sheriff must carry it out landlords cannot legally remove you, change locks, or shut off utilities on their own.

8. Prosperity NC’s Commitment

At Prosperity North Carolina, we believe no one should face eviction without knowing their rights or having access to resources. Through Project Open Door, we are expanding legal aid for undocumented families and supporting tenants statewide who are at risk of losing their homes.

Housing is justice. Housing is health. Housing is stability.

If you’ve been served with a court date for summary ejectment, know that you are not alone. With preparation, advocacy, and community support, you can protect your rights and work toward long-term stability.

Shanetta Burris: A New Voice for Durham & What It Means for Prosperity NC

Shanetta Burris a lifelong North Carolinian, community organizer, and double NCCU graduate. She brings a decade of service and advocacy to her run for Durham City Council. Her vision for affordable housing, equity, and accountability mirrors Prosperity NC’s mission of opportunity for all.

Shanetta Burris, a native of North Carolina and a product of Durham’s robust civic ecosystem, is running for Durham City Council, Ward 2, with an exciting vision rooted in equity, integrity, and meaningful change Shanetta 4 Durham Ballotpedia.

A Lifelong Servant-Organizer from NC Central to City Hall Aspirations

Shanetta brings over a decade of deep, hands-on leadership, from organizing with Durham CAN, leading voter programs with America Votes and Black Voters Matter Fund, to managing initiatives at Lillian’s List and now serving as Training Manager at Supermajority Shanetta 4 Durhamsupermajority.com. Her educational foundation is equally strong: a Bachelor's and a Master of Public Administration from North Carolina Central University, and she remains active in its civic and nonprofit incubator initiatives Shanetta 4 Durham.

What She Stands For: Policies Grounded in Respect and Equity

Her campaign is built on core pillars that resonate deeply with Prosperity NC’s mission:

• Accountability & Respect — Emphasizes treating all residents with dignity and ensuring their voices are heard Shanetta 4 Durham.

• Housing Affordability — Vows to diversify housing options, protect low- and middle-income residents—including first-gen students—and counter displacement Shanetta 4 Durham.

• Sustainable Infrastructure & Environmental Stewardship — Advocates for smart, forward-thinking growth that protects Durham's natural environment Shanetta 4 Durham.

• Root-Cause Solutions for Safety — Promotes thoughtful, inclusive approaches to public safety by addressing underlying issues like inequality and lack of opportunity Shanetta 4 Durham.

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A Platform of Action: Bold Ideas for Lasting Impact

In her 2023 candidate questionnaire, Shanetta outlined robust policy proposals that closely align with Prosperity NC’s values Durham for All and INDY Week:

• Raising City Employees’ Pay & Equity — Plans to tackle income disparities by ensuring fair pay among public staff.

• Expanding Affordable Housing — Proposes innovative strategies like revolving construction loans, affordable property conversions, universal housing vouchers, and tax relief programs to preserve generational wealth in Black neighborhoods.

• Environmental Justice — Supports forming a task force to address historical environmental inequities and ensure transparent, equitable development.

• Gun Violence Prevention — Focuses on expanding social safety nets, job training, after-school programs, and centering affected communities in solution-building.

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Why Her Election Matters for Prosperity North Carolina

Prosperity NC fights for accessibility, opportunity, and inclusion—especially in rural and underserved zones. Shanetta embodies these values in how she engages community, structures policy, and amplifies disenfranchised voices. Here’s how her election could strengthen PNC’s mission:

• Equitable Housing Advocacy: Shanetta’s housing policies directly align with PNC’s Operation Give & Save and Project ReStart goals—helping keep families housed and neighborhoods intact.

• Inclusive Governance: Her commitment to accessibility and respect would help ensure rural, immigrant, and low-income Durham residents have a seat at the table.

• Community-Centered Solutions: With her organizing background, she’d bring nuanced, scalable approaches to issues—from legal access to affordable housing to sustainable infrastructure, that PNC champions statewide.

2025 Election Outlook

Shanetta officially filed to run for City Council Ward 2, facing incumbent Mark-Anthony Middleton and challenger Ashley Robbins. The nonpartisan primary is set for October 7, 2025, with the general election slated for November 4, 2025 Ballotpedia Facebook

In Summary

Shanetta Burris stands out as a visionary, compassionate, and deeply rooted organizer with the policy chops and personal integrity to guide Durham toward more equitable, inclusive, and sustainable growth. For Prosperity North Carolina, her leadership would be a powerful ally, bridging grassroots advocacy and systemic change.

Policy Growth & Rural Development

As summer unfolds, Prosperity North Carolina is proud to share new insights from our Operation Policy Growth initiative. Through surveys and community conversations across rural North Carolina, residents have spoken clearly about the policies that matter most to them: economic development, healthcare access, and environmental stewardship.

What Rural Communities Are Saying

Our latest survey results reflect both challenges and hopes from rural residents:

• Economic Development: A majority of respondents cited the need for more local jobs, workforce training programs, and support for small businesses to keep dollars circulating in their communities.

• Healthcare Access: Residents in rural counties emphasized barriers like long travel times to providers, high costs, and the shortage of mental health services. Expanding rural healthcare infrastructure remains a top priority.

• Environmental Stewardship: Many expressed concern about development that threatens farmland, water quality, and natural ecosystems. Residents want smart growth policies that balance economic opportunity with environmental responsibility.

These voices are at the heart of our policy advocacy ensuring that rural communities are not left behind in statewide decision-making.

Why Policy Growth Matters

Strong policies don’t just solve problems; they shape the future. By listening to rural communities, Prosperity NC works to:

• Champion inclusive economic growth that creates jobs and pathways for upward mobility.

• Push for healthcare policies that prioritize rural clinics, mental health services, and affordability.

• Advocate for sustainable development that protects North Carolina’s natural heritage while fueling innovation.

Looking Ahead: Municipal Elections 2025

This fall’s municipal elections will be a critical moment for shaping local policies in Durham, Orange, Chatham, and beyond. Local government decisions directly influence zoning, housing, infrastructure, and environmental protections—issues that touch every corner of our communities.

We encourage residents to:

• Stay informed about candidates’ positions on rural development and equity.

• Participate in early voting beginning this August.

• Recognize that representation matters your vote helps ensure leadership that reflects the values and priorities of the community.

Our Commitment

Prosperity North Carolina will continue to lift up the voices of rural communities, ensuring their insights inform not only our advocacy but the decisions made in city halls and county commissions across the state. Together, we can build a North Carolina where economic opportunity, health, and environmental stewardship go hand in hand.