Representing landlords and tenants in evictions, lease disputes, and security deposit claims throughout Raleigh and Wake County.
19+ years in NC courts
Batch, Poore & Williams represents landlords and tenants in residential lease disputes throughout Raleigh and Wake County. We handle evictions, eviction defense, security deposit claims, lease violations, and repair disputes under North Carolina’s landlord-tenant statutes.
We represent property owners, individual landlords with one or two rentals, and tenants facing eviction or disputes with their landlord. Our office at 5540 Centerview Drive serves clients across Wake, Durham, Johnston, Chatham, and Harnett counties. Knowing the rules before that first hearing matters for both sides.
Call (919) 870-0466 to schedule a consultation.
More than 19 years of practice in North Carolina courts.
Your options depend on which side of the lease you are on, the type of tenancy, and whether a case has already been filed. We help you understand where you stand before the first hearing.
Summary ejectment for nonpayment, lease violations, and holdover tenants, with the required rent demand and notices handled correctly. Landlord representation.
Challenges to improper notice, missing rent demands, and filings that don’t meet the statute, plus counterclaims at the hearing. Tenant representation.
Deposit recovery for tenants and compliance under the Tenant Security Deposit Act for landlords. Deposit rules.
Claims under the Residential Rental Agreements Act when a home isn’t kept fit and habitable, raised through the proper legal channels.
Leases with late fees, termination terms, and deposit clauses that comply with Chapter 42, reviewed before a dispute begins.
Appeals of a magistrate’s ruling to Wake County District Court, including the bond and rent payments needed during the appeal.
Residential leases in North Carolina are governed by Chapter 42 of the North Carolina General Statutes. Several parts of Chapter 42 come up in nearly every dispute.
Article 3, NCGS 42-26 and following. The court process landlords must use to remove a tenant.
NCGS 42-38 through 42-49. Landlord duties to keep the home fit and habitable, tenant duties to keep it safe and clean, and limits on late fees. Read the statute.
NCGS 42-50 through 42-56. How deposits are held, used, and returned. Read the statute.
NCGS 42-37.1. Protection for tenants who exercise their legal rights in good faith.
NCGS 42-25.6. Removal of a residential tenant only through the court process.
Late fees are capped by NCGS 42-46. For monthly rent, a landlord may charge no more than $15 or 5 percent of the monthly rent, whichever is greater, and only after rent is at least five days late.
A few rules surprise both sides. A landlord’s duty to provide a fit and habitable home under NCGS 42-42 cannot be waived in the lease. A landlord also cannot change the locks, shut off utilities, or remove a tenant’s belongings to force them out. On the tenant side, North Carolina does not allow a tenant to simply stop paying rent because repairs haven’t been made. Repair claims have to be raised through the proper legal channels.
Notice rules depend on the type of tenancy. Under NCGS 42-14, ending a month-to-month tenancy requires seven days’ notice, a week-to-week tenancy requires two days, and a year-to-year tenancy requires one month, unless the lease sets a longer period.
In North Carolina, an eviction is called summary ejectment. It is the only lawful way to remove a residential tenant, and it follows a set order.
A landlord can file for nonpayment of rent, a lease violation that allows termination, or a tenant staying past the end of the lease. For nonpayment, the landlord generally must demand the rent and wait 10 days before filing, unless the lease provides otherwise.
The landlord files a Complaint in Summary Ejectment with the Clerk of Superior Court in the county where the property is located. The tenant is served with the complaint and a summons.
A magistrate hears the case, often within days of filing. Both sides can present evidence, and the tenant can raise defenses and counterclaims. Money claims in small claims court are capped at $10,000.
The magistrate usually rules at the hearing. Either side has 10 days to appeal to District Court for a new trial.
A tenant who appeals can remain in the home only by posting a bond to stay execution and paying rent into the clerk’s office as it comes due. In nonpayment cases, the tenant must also pay the undisputed past-due rent found by the magistrate.
If there is no appeal, the landlord can ask the clerk for a writ of possession after the 10 days pass. The sheriff then removes the tenant, generally within five days.
Eviction deadlines are measured in days. Talk with a Raleigh landlord-tenant attorney before your hearing or your filing, not after.
A landlord who wins an eviction case still loses time and money if the paperwork is wrong. A tenant served with an eviction complaint usually has days, not weeks, to prepare. Either way, the early steps decide the outcome.
A missing rent demand, an incorrect notice period, or a complaint filed in the wrong name can lead to dismissal and a restart. We represent individual property owners and small rental portfolios in:
Getting the early steps right is the most effective way to keep an eviction on schedule. For many landlords, a lease and notice review before filing prevents the most common delays.
Landlords should also know what they cannot do. Changing locks, removing doors, cutting off utilities, or taking a tenant’s belongings to force a move-out is prohibited for residential tenancies. A tenant can sue for damages caused by an unlawful self-help eviction.
Showing up to the hearing is essential. A tenant who doesn’t appear will almost always lose by default. We represent tenants in:
Timing matters most for tenants. The 10-day appeal window after a magistrate’s ruling is strict, and missing it usually ends the case.
North Carolina also has an expedited eviction process for certain criminal activity on the property under Article 7 of Chapter 42. Those cases follow different rules and are heard by a judge rather than a magistrate.
Security deposit disputes are among the most common landlord-tenant conflicts, and the Tenant Security Deposit Act sets clear rules for both sides.
NCGS 42-51. 2 weeks’ rent for week-to-week, 1.5 months’ rent for month-to-month, 2 months’ rent for longer terms.
NCGS 42-50. Trust account at a licensed, federally insured institution, or a bond from a licensed insurer.
NCGS 42-50. Within 30 days after the lease term begins.
NCGS 42-52. Within 30 days after the tenancy ends and the landlord gets possession.
NCGS 42-52. Interim within 30 days and final within 60 days, if damages can’t be determined at first.
NCGS 42-55. A landlord’s willful failure to follow the deposit, bond, or notice requirements voids the right to keep any part of the deposit, and the court may award attorney’s fees.
A landlord can apply the deposit only to the uses listed in NCGS 42-51. These include unpaid rent, damage beyond normal wear and tear, costs of re-renting after a tenant’s breach, and court costs. Normal wear and tear cannot be charged, and the amount kept cannot exceed the landlord’s actual damages.
The consequences of skipping these steps are significant. Under NCGS 42-55, a landlord’s willful failure to follow the deposit, bond, or notice requirements voids the right to keep any part of the deposit. The court may also award attorney’s fees for willful noncompliance.
For landlords, that means documenting move-in and move-out condition and meeting every deadline. For tenants, it means keeping photos, the lease, and proof of payment, and providing a forwarding address.
Whether you are a tenant waiting on a refund or a landlord preparing an itemized accounting, we can review your lease, photos, and records and explain where you stand.
In Wake County, summary ejectment cases are filed with the Wake County Clerk of Superior Court and heard in small claims court by a magistrate. Appeals go to Wake County District Court, where a judge hears the case again from the beginning.
Small claims hearings are short and the dockets are busy. Many cases are scheduled for the same time slot, and a magistrate may have only minutes for each one. The side that arrives with an organized lease, rent ledger, notices, photos, and messages has a clear advantage.
The same process applies in Durham, Johnston, Chatham, and Harnett counties, each through its own clerk’s office. We represent landlords and tenants in all five counties.
The first few days of a landlord-tenant case shape the outcome. If you already have a hearing date, tell our office when you first contact us.
Landlord-tenant matters at our firm are led by partner J. Patrick Williams. Patrick has more than 19 years of practice in North Carolina courts and holds an AV Preeminent rating from Martindale-Hubbell. He was selected to Super Lawyers in 2026 and is an NCDRC Certified Family Financial Mediator. He earned his JD from Campbell Law School and a BS in Computer Engineering from NC State University.
Every case is assigned a partner, associate, and paralegal from day one. In a process where deadlines are measured in days, that structure keeps filings, notices, and hearing preparation on track.
We give landlords and tenants a direct assessment of where their case stands, including when negotiation or a move-out agreement makes more sense than a contested hearing. Many disputes resolve before the magistrate hearing when both sides understand what the statute requires.
Whether you are a landlord preparing to file or a tenant who has just been served, tell us about your lease, notice, or hearing date so we can discuss the next steps.
Our Raleigh office
5540 Centerview Dr., Suite 315
J. Patrick Williams leads the firm’s landlord-tenant practice, representing property owners and renters in Wake County and surrounding counties.
Partner · Landlord-Tenant Law
An uncontested eviction for nonpayment often takes a few weeks from the rent demand to the sheriff’s removal. That includes the 10-day demand period, the small claims hearing, the 10-day appeal window, and up to five days for the sheriff to execute the writ. An appeal to District Court can extend the case by weeks or months, though the tenant must keep paying rent into the clerk’s office to stay in the home.
No. NCGS 42-25.6 requires landlords to use the summary ejectment process to remove a residential tenant. Changing the locks, cutting off utilities, or removing a tenant’s belongings without a court order is prohibited, and the tenant can sue for damages.
Generally, no. North Carolina tenants do not have a right to stop paying rent on their own because of needed repairs, and doing so can lead to an eviction for nonpayment. Habitability claims under NCGS 42-42 should be raised through the court, such as a counterclaim in an eviction case or a separate action.
A landlord must return the deposit or send an itemized accounting within 30 days after the tenancy ends. If that doesn’t happen, the tenant can file a civil action under NCGS 42-55 to recover the balance. A landlord’s willful noncompliance can void the right to keep any part of the deposit and may lead to an award of attorney’s fees.
Cost depends on the type of matter and whether it is contested. A lease review or a straightforward eviction is a different scope of work than a District Court appeal or a damages claim. Call our office to schedule a consultation and discuss what your matter involves.
Whether you are a landlord preparing to file or a tenant who has just been served, the first few days of a landlord-tenant case shape the outcome. Bring your lease, rent records, notices, photos, and any messages with the other party.
Call Batch, Poore & Williams at (919) 870-0466 to schedule a consultation.
5540 Centerview Dr, Suite 315, Raleigh, NC 27606
