Durham County Eviction Court — Landlord Filing Guide (2025)
Everything North Carolina landlords need to file a Summary Ejectment in Durham County — fees, courthouse info, timeline, and step-by-step process.
🏛️ Durham County Courthouse Information
- Courthouse: Durham County Courthouse
- Address: 201 E. Main St., Durham, NC 27701
- Phone: (919) 808-3000
- Hours: Mon–Fri, 8:00 AM – 5:00 PM
- Case type: Summary Ejectment
- Online filing: Available
⚠️ Durham County — What Landlords Should Know
Durham County follows standard North Carolina eviction procedures.
Need an Eviction Attorney in Durham County?
Procedural mistakes can get your case dismissed. Get matched with a local Durham County eviction attorney — free consultation.
Step-by-Step: How to File an Eviction in Durham County
Serve the Required Notice
Before filing, you must serve a written notice. For non-payment of rent, a 10-day Pay or Quit notice is required. For lease violations, serve a 10-day Cure or Quit notice. Make sure the notice is properly formatted and personally served or posted per North Carolina law.
File Your Summary Ejectment at Durham County Courthouse
After the notice period expires without compliance, file your eviction complaint at the Durham County Courthouse (201 E. Main St., Durham, NC 27701). The filing fee is $96. Bring: your lease agreement, the notice, and proof of service. Online filing is also available.
Serve the Summons on the Tenant
After filing, the court issues a summons. In Durham County, service is typically handled by the Sheriff's office or a licensed process server for a fee of $30. You must NOT serve the summons yourself — improper service can get your case dismissed.
Attend the Court Hearing
Hearings in Durham County are typically scheduled 2–3 weeks after filing. Attend with all documentation: lease, notices, payment records, and proof of service. If the tenant doesn't appear, you may receive a default judgment. Come prepared to present your case clearly.
Obtain and Enforce the Writ of Possession
After a judgment in your favor, request a Writ of Possession from the clerk. The North Carolina Sheriff's office will serve the writ and oversee removal if the tenant refuses to leave voluntarily. Do NOT change locks or remove property yourself — this constitutes illegal self-help eviction in North Carolina.
Durham County Eviction Filing Cost Breakdown
| Cost | Amount | Notes |
|---|---|---|
| Court Filing Fee | $96 | Paid to Durham County Clerk of Court |
| Summons Service | $30 | Sheriff or process server fee |
| Writ of Possession | ~$26–$30 | Sheriff enforcement after judgment |
| Attorney (optional) | $400–$1500 | Recommended for contested cases |
Frequently Asked Questions — Durham County Evictions
How long does an eviction take in Durham County?
The typical Durham County eviction takes 3–5 weeks from serving the initial notice to enforcement — assuming the tenant does not contest. A contested eviction can take significantly longer. Durham County is generally considered a landlord-friendly jurisdiction.
How much does it cost to file an eviction in Durham County?
The court filing fee in Durham County is $96. Additional costs typically include: process service or sheriff fee ($30), Writ of Possession enforcement (~$26–$30), and attorney fees if represented ($400–$1500). Total out-of-pocket without an attorney is typically $152–$156.
What court handles evictions in Durham County?
Evictions in Durham County are filed at the Durham County Courthouse, located at 201 E. Main St., Durham, NC 27701. The case type is filed as a Summary Ejectment.
Can I file an eviction online in Durham County?
Yes, Durham County accepts electronic filing for eviction cases. You can file the complaint and pay fees online, though in-person service of process is still typically required.
Do I need a lawyer to evict a tenant in Durham County?
North Carolina law allows landlords to represent themselves in eviction court. However, having an attorney reduces the risk of procedural dismissals and improves outcomes, especially in contested cases.
What happens if the tenant doesn't leave after the eviction judgment in Durham County?
After a judgment in your favor, request a Writ of Possession from the court. The Durham County Sheriff's office will then execute the writ — notifying the tenant to vacate, and physically removing them if they refuse. Do NOT attempt to remove the tenant yourself; self-help eviction is illegal in North Carolina.
See full North Carolina eviction laws and notice requirements.
North Carolina Eviction Guide for Landlords →Download the eviction notice you must serve before filing in North Carolina.
North Carolina Eviction Notice Templates →Is your tenant facing eviction in Durham County? See their rights.
Tenant Rights in Durham County →Relevant North Carolina Statutes
- Primary eviction statute: N.C.G.S. § 42-3
- This guide is for informational purposes only. Laws change — verify with current North Carolina statutes or a licensed Durham County attorney.