N.C. Gen. Stat. § § 42-30
Judgment by confession, where plaintiff has proved case, or failure to appear.
Operative Text
The summons shall be returned according to its tenor, and if on its return it appears to have been duly served, and if (i) the plaintiff proves his case by a preponderance of the evidence, (ii) the defendant admits the allegations of the complaint, or (iii) the defendant fails to appear on the day of court, and the plaintiff requests in open court a judgment for possession based solely on the filed pleadings where the pleadings allege defendant's failure to pay rent as a breach of the lease for which reentry is allowed and the defendant has not filed a responsive pleading, the magistrate shall give judgment that the defendant be removed from, and the plaintiff be put in possession of, the demised premises; and if any rent or damages for the occupation of the premises after the cessation of the estate of the lessee, not exceeding the jurisdictional amount established by G.S. 7A-210(1), be claimed in the oath of the plaintiff as due and unpaid, the magistrate shall inquire thereof, and if supported by a preponderance of the evidence, give judgment as he may find the fact to be. (1868-9, c. 156, s. 22; Code, s. 1769; Rev., s. 2004; C.S., s. 2369; 1971, c. 533, s. 5; 1973, c. 10; c. 1267, s. 4; 1979, c. 144, s. 5; 1981, c. 555, s. 5; 1985, c. 329, s. 1; 1989, c. 311, s. 4; 1993, c. 553, s. 73(d); 2005-423, s. 10.)
Under N.C. Gen. Stat. § 42-30, a magistrate court in North Carolina may enter a judgment of possession in favor of a landlord (plaintiff) under three circumstances: the landlord proves the case by a preponderance of the evidence, the tenant admits the complaint's allegations, or the tenant fails to appear on the scheduled court date. In addition to awarding possession of the rental property, the magistrate may also award unpaid rent or damages for continued occupation after the tenancy ended, provided those amounts are supported by a preponderance of the evidence and do not exceed the jurisdictional limit set by G.S. 7A-210(1). The statute also allows a landlord to request a judgment based solely on filed pleadings—without presenting additional evidence—when the tenant has not filed a responsive pleading and the complaint alleges nonpayment of rent as a lease breach.
Plain English — not legal advice.
Property owners and managers pursuing eviction in North Carolina should understand that N.C. Gen. Stat. § 42-30 governs how a magistrate reaches a judgment for possession and back rent. Compliant operators generally ensure that the summons is properly served, that the complaint clearly alleges the grounds for eviction (such as nonpayment of rent), and that any claimed rent or damages are documented and sworn to in the plaintiff's oath. Appearing on the scheduled court date prepared to present evidence is standard practice, as the statute requires the magistrate to weigh claims by a preponderance of the evidence before awarding monetary judgments.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.C. Gen. Stat. § 42-30 directly affects tenants facing eviction proceedings in North Carolina, because a magistrate can enter a judgment for possession—and potentially for unpaid rent—if the tenant does not appear in court or does not file a responsive pleading. Tenants generally have the right to appear on the court date, contest the landlord's allegations, and require the landlord to prove the case by a preponderance of the evidence. Tenant-rights organizations and legal aid services in North Carolina can help individuals understand options such as filing a response to the complaint, raising defenses at the hearing, or seeking a continuance, and consulting those resources before the court date is a common step.
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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