Eviction: If the Sheriff comes to Evict You and Padlock the Premises

Authored By: Legal Aid of North Carolina

Quick Facts


If a judgment for possession or eviction is entered against you, you have ten (10) days to appeal the judgment to District Court.  If you do not appeal, you should try to move out within the 10-day appeal period. If you do not move, the landlord can obtain a writ directing the sheriff to remove you and padlock the rental property. The sheriff will proceed as follows:

  1. The sheriff will generally try to give you at least a day's notice of the date and time when he intends to evict you and padlock the property.
  2. No more than five (5) days after the lanclord obtains the writ, the sheriff will come to the rental property to padlock the premises.
  3. You and all occupants of the rental property will be asked to leave the property.
  4. After you have left the property, you cannot go back without the landlord’s consent. If you try to re-enter the property, the landlord can charge you with trespassing.

If some of your personal possessions remain in the rental property after the sheriff has removed you: 

You have five (5) to seven (7) days from the date of padlocking to remove your possessions. The shorter 5-day period applies if the possessions left in the rental home are worth less than $500.

You must contact the landlord to make arrangements to remove your possessions.The landlord must give you an opportunity to return to the rental property during normal business hours. You should remove all of your possessions at one tme.

If you fail to remove your belongings before the end of the five (5) or seven (7) day period, then your landlord can dispose of your property.


To find other Legal Aid of North Carolina materials, including any materials mentioned in this document, go to LawhelpNC.org/. If you need legal help please go to legalaidnc.org/.



Last Review and Update: Jul 31, 2014
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