N.C. Gen. Stat. § § 42-35
Restitution of tenant, if case quashed, etc., on appeal.
Operative Text
If the proceedings before the magistrate are brought before a district court and quashed, or judgment is given against the plaintiff, the district or other court in which final judgment is given shall, if necessary, restore the defendant to the possession, and issue such writs as are proper for that purpose. (1868-9, c. 156, s. 27; Code, s. 1774; Rev., s. 2009; C.S., s. 2374; 1971, c. 533, s. 9.)
Under N.C. Gen. Stat. § 42-35, when an eviction case that originated before a magistrate is appealed to a district court and either dismissed or decided in the tenant's favor, the court that issues the final ruling has authority to restore the tenant to possession of the property. The court may issue whatever legal writs are necessary to carry out that restoration. This provision ensures that a successful appeal can result in a meaningful remedy, not merely a reversal of the lower court's decision.
Plain English — not legal advice.
Under N.C. Gen. Stat. § 42-35, if a landlord's summary ejectment case is appealed and the district court rules against the landlord or quashes the proceedings, the court holds authority to order the tenant returned to the rental unit. Operators who have already removed a tenant or taken possession of the unit following a magistrate's ruling should be aware that this outcome can be reversed on appeal. Compliant property managers generally maintain records of all proceedings and remain prepared to comply with any court-ordered restoration of possession.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.C. Gen. Stat. § 42-35 provides that if you successfully appeal an eviction ruling to district court—whether the case is quashed or judgment is entered in your favor—the court can order that you be restored to possession of your home and can issue the legal writs needed to make that happen. This means a favorable appellate outcome may carry a concrete remedy beyond simply overturning the magistrate's decision. Tenants navigating an appeal may find it helpful to consult a tenant-rights organization or legal aid office to understand what remedies may be available under this provision.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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