N.C. Gen. Stat. § § 42-60
Nature of actions and jurisdiction.
Operative Text
The causes of action established in this Article are civil actions to remove tenants or other persons from leased residential premises. These actions shall be brought in the district court of the county where the individual rental unit is located. If the plaintiff files the complaint as a small claim, the parties shall not be entitled to discovery from the magistrate. However, if such a case is filed originally in the district court or is appealed from the judgment of a magistrate for a new trial in the district court, all of the procedures and remedies in this Article shall be applicable. (1995, c. 419, s. 1.)
N.C. Gen. Stat. § 42-60 establishes that legal actions to remove tenants or other occupants from residential rental properties are civil matters, heard in the district court of the county where the rental unit sits. When a case begins as a small claim before a magistrate, the parties do not have access to the formal discovery process at that stage. If the case is filed directly in district court or is appealed from a magistrate's judgment for a new trial, the full set of procedures and remedies provided in the Article becomes available.
Plain English — not legal advice.
Under N.C. Gen. Stat. § 42-60, operators pursuing removal of a tenant from a residential unit file their civil action in the district court of the county where the property is located. Compliant operators are aware that filing as a small claim before a magistrate limits the procedural tools available—specifically, discovery is not available at that stage. Operators who anticipate needing discovery or who face complex factual disputes may consider whether filing directly in district court, where all Article procedures and remedies apply, is appropriate for their circumstances.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.C. Gen. Stat. § 42-60 governs where and how a landlord may bring a civil action to remove a residential tenant, requiring the case to be filed in the district court of the county where the unit is located. Tenants should be aware that if the case starts as a small claim before a magistrate, neither side has access to discovery at that level—but if the matter moves to district court, either through original filing or appeal, the full procedural protections of the Article apply. Tenants facing removal proceedings may benefit from consulting a tenant-rights organization or legal aid office to understand how these procedural distinctions could affect their situation.
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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