Eviction in Durham County (Durham), North Carolina
Where eviction cases are filed in Durham County (Durham), what it costs, local rent levels and where to get help — with the official court, county and HUD sources.
Quick facts: eviction in Durham County (Durham)
- Eviction court
- Durham County District Court - Small Claims (magistrate) — Small claims court before a magistrate (district court division); evictions are 'summary ejectment' Court page
- Filing fee
- $96 filing fee + $30 sheriff service fee per defendant (or certified mail) NC Judicial Branch - Small Claims help topic (statewide court costs)
- Notice before filing (state law)
- If the lease has no forfeiture (re-entry) clause for nonpayment, the landlord must make a demand for all past-due rent and wait 10 days before the term is forfeited. If the lease has such a clause, the statute requires no pre-filing notice. North Carolina rules
- HUD Fair Market Rent, 2-bedroom (FY2026)
- $1,711/month HUD
- Renter households
- 63,123 (44% of households) Census ACS 2020–2024
Last verified against official sources: 2026-10-22
Where eviction cases are filed in Durham County (Durham)
Eviction cases in Durham County (Durham) are heard by the Durham County District Court - Small Claims (magistrate) (Small claims court before a magistrate (district court division); evictions are 'summary ejectment').
- Durham County Courthouse — 510 South Dillard St, Durham, NC 27701 (main 919-808-3000; Civil Filings 919-808-3003) · website
Court eviction page · Search court records · Self-help center
Summary ejectment complaints are filed with the Clerk of Superior Court in the county and heard by a magistrate. Court dates: search Portal or the civil calendar (https://calendars.nccourts.org/results?county=Durham&type=Civil). The free Guide & File service (https://northcarolina.tylertech.cloud/SRL/) helps prepare summary ejectment complaints, tenant answers/counterclaims, and appeals to district court. Small claims (including summary ejectment) are filed with the Civil Filings office, 8:30 a.m.-5:00 p.m. Mon-Fri; the court posts a Summary Ejectment packet for self-represented filers.
How much it costs to file an eviction in Durham County (Durham)
$96 filing fee + $30 sheriff service fee per defendant (or certified mail)
Statewide uniform cost. Unable to pay: petition to sue as an indigent (form linked from the NC Judicial Branch landlord/tenant page).
Source: NC Judicial Branch - Small Claims help topic (statewide court costs)
How eviction cases work locally
| Court dates | Search hearing dates in eCourts Portal or the county civil calendar. Source: Official source |
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The North Carolina eviction process
North Carolina state law sets the notice periods and court steps everywhere in the state, including Durham County (Durham):
- Notice (if required): 10-day demand for rent if the lease lacks a forfeiture clause (§ 42-3); notice to quit for holdovers (§ 42-14)
- Landlord files a Complaint in Summary Ejectment with the clerk of superior court
- Clerk issues summons to appear within 7 days (excluding weekends/holidays); served by sheriff (mail plus attempted personal delivery or posting) or certified mail (§§ 42-28, 42-29)
- Hearing before a magistrate; judgment for possession (§ 42-30)
- 10-day appeal period to District Court; landlord cannot remove the tenant until it ends; tenant can stay execution on appeal by paying undisputed rent into court (§ 42-34)
- Clerk issues Writ of Possession; sheriff must execute within 5 days of receipt, gives notice of the approximate time, and the landlord padlocks the unit (§ 42-36.2)
Full North Carolina eviction rules with sources →
Rent in Durham County (Durham)
HUD FY2026 Fair Market Rents for the Durham-Chapel Hill, NC HUD Metro FMR Area (the rent levels used for Section 8 vouchers):
| Studio | $1,417 |
|---|---|
| 1 bedroom | $1,507 |
| 2 bedrooms | $1,711 |
| 3 bedrooms | $2,117 |
| 4 bedrooms | $2,527 |
Source: HUD Fair Market Rent documentation
Median gross rent in Durham County (Durham): $1,508/month (Census ACS 2020–2024 5-year estimates).
County tenant ordinance
No county-level landlord-tenant ordinance identified.
Eviction help in Durham County (Durham)
Free legal help
- Legal Aid of North Carolina — Statewide civil legal aid; linked from the NC Judicial Branch landlord/tenant help page.
Other North Carolina counties
- Eviction in Mecklenburg County (Charlotte)
- Eviction in Wake County (Raleigh)
- Eviction in Guilford County (Greensboro, High Point)
- Eviction in Cumberland County (Fayetteville)
- Eviction in Forsyth County (Winston-Salem)
- Eviction in New Hanover County (Wilmington)
- Eviction in Pitt County (Greenville)
- Eviction in Buncombe County (Asheville)
- Eviction in Gaston County (Gastonia)
- Eviction in Onslow County (Jacksonville)
Related
- North Carolina landlord-tenant law
- How long an eviction takes in North Carolina
- North Carolina eviction notice periods
- Notice deadline calculator
- How to evict a tenant in North Carolina (landlords)
Frequently asked questions
Where do I file an eviction in Durham County (Durham)?
How much does it cost to file an eviction in Durham County (Durham)?
Where can I get help with an eviction in Durham County (Durham)?
What is the fair market rent in Durham County (Durham)?
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.