N.C. Gen. Stat. § § 42-28
Summons issued by clerk.
Operative Text
When the lessor or his assignee files a complaint pursuant to G.S. 42-26 or 42-27, and asks to be put in possession of the leased premises, the clerk of superior court shall issue a summons requiring the defendant to appear at a certain time and place not to exceed seven days from the issuance of the summons, excluding weekends and legal holidays, to answer the complaint. The plaintiff may claim rent in arrears, and damages for the occupation of the premises since the cessation of the estate of the lessee, not to exceed the jurisdictional amount established by G.S. 7A-210(1), but if he omits to make such claim, he shall not be prejudiced thereby in any other action for their recovery. (1868-9, c. 156, s. 20; 1869-70, c. 212; Code, s. 1767; Rev., s. 2002; C.S., s. 2367; 1971, c. 533, s. 4; 1973, c. 1267, s. 4; 1979, c. 144, s. 4; 1981, c. 555, s. 4; 1983, c. 332, s. 2; 1985, c. 329, s. 1; 1989, c. 311, s. 3; 1993, c. 553, s. 73(c); 1995, c. 460, s. 4.)
Under N.C. Gen. Stat. § 42-28, when a landlord files an eviction complaint seeking repossession of a rental property, the clerk of superior court is required to issue a summons directing the tenant to appear and respond to the complaint within seven days (excluding weekends and legal holidays). The landlord may also use this proceeding to claim unpaid rent and damages for the tenant's continued occupation of the premises after the tenancy ended, up to the jurisdictional limit set by G.S. 7A-210(1). Importantly, if the landlord chooses not to include those monetary claims in the initial complaint, that omission does not prevent them from pursuing those amounts in a separate legal action later.
Plain English — not legal advice.
Property owners and managers initiating eviction proceedings under N.C. Gen. Stat. § 42-28 should be aware that once a complaint is filed under G.S. 42-26 or 42-27, the clerk of superior court will issue a summons setting a hearing date within seven days, excluding weekends and legal holidays. Compliant operators typically decide at the time of filing whether to include claims for back rent and damages for post-tenancy occupation, keeping in mind the jurisdictional dollar cap established by G.S. 7A-210(1). Operators who choose not to include those monetary claims in the initial filing generally understand that they retain the option to pursue those amounts in a separate action.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under N.C. Gen. Stat. § 42-28, when a landlord files for eviction and repossession, a tenant will receive a court summons requiring them to appear and answer the complaint within seven days, not counting weekends and legal holidays. This hearing is an opportunity for tenants to present any defenses they may have to the eviction or to any accompanying claims for unpaid rent or damages. Tenants facing such a summons may benefit from contacting a local tenant-rights organization or legal aid office to understand the options available to them before their scheduled court date.
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.
Effective Timeline
References Out
Rules and statutes cited by this regulation
References In
No inbound references recorded yet for this provision.