All Laws Decoded

Eviction in Wayne County, North Carolina

Where eviction cases are filed in Wayne County, what it costs, local rent levels and where to get help — with the official court, county and HUD sources.

Quick facts: eviction in Wayne County

Eviction court
Wayne County District Court - Small Claims (magistrate), Clerk of Superior Court — Small claims court before a magistrate (district court division); evictions are 'summary ejectment'
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)
$1,244/month HUD
Renter households
18,312 (38% of households) Census ACS 2020–2024

Last verified against official sources: 2026-10-28

Where eviction cases are filed in Wayne County

Eviction cases in Wayne County are heard by the Wayne County District Court - Small Claims (magistrate), Clerk of Superior Court (Small claims court before a magistrate (district court division); evictions are 'summary ejectment').

North Carolina summary ejectment cases are filed with the Clerk of Superior Court and heard in small claims court by a magistrate.

The North Carolina eviction process

North Carolina state law sets the notice periods and court steps everywhere in the state, including Wayne County:

  1. Notice (if required): 10-day demand for rent if the lease lacks a forfeiture clause (§ 42-3); notice to quit for holdovers (§ 42-14)
  2. Landlord files a Complaint in Summary Ejectment with the clerk of superior court
  3. 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)
  4. Hearing before a magistrate; judgment for possession (§ 42-30)
  5. 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)
  6. 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 Wayne County

HUD FY2026 Fair Market Rents for the Goldsboro, NC MSA (the rent levels used for Section 8 vouchers):

Studio$942
1 bedroom$948
2 bedrooms$1,244
3 bedrooms$1,496
4 bedrooms$2,021

Source: HUD Fair Market Rent documentation

Median gross rent in Wayne County: $965/month (Census ACS 2020–2024 5-year estimates).

County tenant ordinance

No county-level landlord-tenant ordinance identified; eviction procedure is governed by state law. City rules, if any, are on city pages.

Eviction help in Wayne County

Free legal help

Tenant and eviction lawyers in Wayne County

Other North Carolina counties

Related

Frequently asked questions

Where do I file an eviction in Wayne County?
Eviction cases in Wayne County are filed with the Wayne County District Court - Small Claims (magistrate), Clerk of Superior Court.
Where can I get help with an eviction in Wayne County?
Legal Aid of North Carolina.
What is the fair market rent in Wayne County?
HUD's FY2026 Fair Market Rent for a 2-bedroom unit is $1,244 per month (1-bedroom: $948).

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.