How to Fill Out North Carolina Form AOC-CVM-202 + FAQs

North Carolina Form AOC-CVM-202 is the Complaint in Summary Ejectment, the lawsuit a landlord files in small claims (magistrate) court to remove a tenant and recover possession of a rental unit. Every residential and most commercial landlords in North Carolina use this single two-page form, regardless of whether the case is for nonpayment of rent, holding over after a lease ends, or breach of a lease condition under N.C. Gen. Stat. § 42-26.

Filing this form wrong is the most common reason eviction cases get dismissed in North Carolina, and a dismissal forces the landlord to start the 10-day demand clock all over again. According to the North Carolina Judicial Branch’s annual statistical report, more than 175,000 summary ejectment cases are filed each year in the state, and county-level audits show roughly one in five complaints contain a fatal field-level error.

Here is what this guide will give you:

• 📋 A line-by-line walkthrough of every box on Form AOC-CVM-202 (Rev. 4/22 and later updates)
• 🏠 Three full-scenario examples covering nonpayment, holdover, and breach of lease
• ⏰ Exact 2026 deadlines, fees, and the 10-day appeal window under G.S. § 42-34
• 🚫 The 10 most common mistakes landlords make and the consequence of each
• ❓ Twelve plain-English FAQs that answer the field-level questions filers actually ask

What the Form Is and Who Must File It

Form AOC-CVM-202 is the official Complaint in Summary Ejectment published by the North Carolina Administrative Office of the Courts. It is the document that opens an eviction lawsuit in small claims court, where a magistrate hears the case under the small claims jurisdiction granted by N.C. Gen. Stat. Chapter 7A. The form is paired with Form AOC-CVM-201, the Magistrate Summons, which the clerk issues at the same time.

Any landlord, property manager, or owner’s agent who wants to legally remove a tenant in North Carolina must file this form. Self-help evictions, lockouts, and utility shutoffs are illegal under G.S. § 42-25.9, so the courthouse route through AOC-CVM-202 is the only lawful path. The form covers residential leases, mobile home park lot rentals, commercial leases, and federally subsidized housing such as Section 8 units.

The current version is Rev. 4/22, with a small notation update reflecting the 2023 changes from Senate Bill 410. Always confirm the revision date in the bottom-left corner of the form before filing, because magistrates may reject older versions during docket call. Property managers must also confirm authority to sign on the owner’s behalf, since unauthorized agents can void the entire complaint.

The agency that receives the form is the Clerk of Superior Court in the county where the rental property sits, not where the landlord lives. The statute that powers the form is G.S. § 42-26, and the deadline that controls it is the 10-day demand period in G.S. § 42-3 for nonpayment cases.

Before You Start: Documents and Information You Need

Walking into the courthouse without your paperwork is the fastest way to get sent home. The clerk will not draft the complaint for you, and the magistrate will not pause a hearing while you search your truck for the lease. Gather everything below before you sit down to fill out Form AOC-CVM-202.

• The signed lease agreement. Without it, you cannot prove the rental amount, the due date, or the grounds for ejectment, and missing leases account for a large share of dismissals.
• The 10-day demand for rent letter. Required for nonpayment cases under G.S. § 42-3; without proof of demand, the magistrate must dismiss.
• The notice to quit or notice of lease termination. Required for holdover and breach-of-condition cases; without it, you have no legal basis to terminate.
• Tenant ledger or rent roll. Shows exact unpaid amounts, late fees, and the date rent first became delinquent.
• The full legal names of every adult occupant. All adults on the lease must be named as defendants, or the sheriff cannot remove them.
• The property address with unit number. A wrong unit number invalidates service and forces a refile.
• Servicemembers Civil Relief Act affidavit. Required by 50 U.S.C. § 3931; skipping it can void any default judgment.
• CARES Act 30-day notice (if applicable). Federally backed properties still require the 30-day notice under the CARES Act § 4024.
• Filing fee payment. Cash, money order, or certified funds; many clerks no longer accept personal checks.
• Photo ID for the filer. Required by most clerks for in-person filing under local administrative orders.

Where to Get the Form and How to Access It

The official PDF is hosted on the North Carolina Judicial Branch forms library, and it is the only version a magistrate will accept. Printed copies are also stocked at every Clerk of Superior Court office, usually in the small claims filing window or a self-help kiosk near the magistrate’s courtroom. Avoid third-party landlord blog downloads, because they are often outdated revisions that drop required fields.

You can complete the form three ways. The first is to print the blank PDF and fill it in by hand using black ink, which is what most pro se landlords do. The second is to type directly into the fillable PDF using Adobe Acrobat Reader, then print and sign in ink. The third is to use the eCourts File & Serve portal in counties that have rolled out Odyssey, where the form is built into the e-filing wizard.

Counties currently on eCourts include Wake, Mecklenburg, Harnett, Lee, Johnston, and a growing list rolling out through 2026. Check the eCourts county map before you assume online filing is available in your county. In non-eCourts counties, you must walk the form into the Clerk’s office in person.

Always confirm you have the most recent revision by matching the date in the bottom-left corner of the form to the date on the AOC website. Magistrates in some counties have refused to hear cases filed on superseded revisions, even when the substantive content is identical.

Step-by-Step: How to Fill Out Form AOC-CVM-202 Line by Line

The form is organized into a caption at the top, a numbered allegations body, a remedies checklist, and a signature/verification block at the bottom. Work through it from top to bottom, and never skip a box even if it looks optional. Magistrates read the form line by line, and a blank required field is grounds for dismissal.

File No. Box (Top Right)

Plain English. This is the case number the clerk assigns when you file.

How to answer. Leave the File No. box blank. The clerk stamps the number when they accept the complaint, then writes it on every page of your packet.

Example entry. Maria Lopez, a Charlotte landlord, hands the clerk a blank File No. line, and the clerk writes 26 CVM 4421 across the top before returning her copy.

Nuance. If you are refiling after a dismissal, do not reuse the old file number; the clerk will issue a new one tied to the new summons.

Common mistake and consequence. Pre-writing a guessed number causes the clerk to kick the packet back, costing you a same-day filing slot and pushing your hearing out a week.

Misconception. Some landlords think the file number transfers from the demand letter or prior filings; it does not, and the courthouse system has no way to look it up that way.

County Box (Top Left)

Plain English. This identifies which county’s small claims court will hear the case.

How to answer. Write the name of the North Carolina county where the rental property is located, not where you live or where your LLC is registered. Use the formal county name in all caps, such as MECKLENBURG or WAKE.

Example entry. Marcus, who lives in Raleigh but rents out a duplex in Durham, writes DURHAM in the County box.

Nuance. If the property straddles a county line, file in the county where the front door of the unit sits; the address on the lease usually controls.

Common mistake and consequence. Filing in the landlord’s home county instead of the property’s county triggers a venue dismissal under G.S. § 1-76, wasting the filing fee.

Misconception. Landlords often believe small claims venue is flexible like federal court; it is not, and small claims has strict county-of-property venue under G.S. § 7A-211.

Plaintiff Name and Address Block

Plain English. This identifies the landlord (or owner) suing the tenant.

How to answer. Enter the full legal name exactly as it appears on the deed or the rental license. For an individual, use First Middle Last; for an LLC, use the registered name from the NC Secretary of State business search. Below the name, write the mailing address where the court can reach you.

Example entry. Janet Williams, who owns the property in her own name, writes Janet R. Williams, 482 Oak Ridge Lane, Greensboro, NC 27410.

Nuance. If the property is owned by an LLC, the LLC must be the plaintiff, and a non-attorney member generally cannot sign for it in district court appeals; in small claims, a member-manager or property manager may sign under G.S. § 7A-216.

Common mistake and consequence. Listing a property manager as the plaintiff when title is held by an LLC creates a real-party-in-interest defect, and the magistrate must dismiss.

Misconception. Filers think they can list “ABC Rentals” as a DBA; the court requires the legal entity name, not a trade name.

Defendant Name and Address Block

Plain English. This identifies the tenant or tenants you are evicting.

How to answer. Name every adult on the lease, plus any adult occupant who has been living there long enough to claim tenancy. Use full legal names, and add and all other occupants as a catch-all to capture unknown adults.

Example entry. Carlos lists Tasha M. Greene and Devon L. Greene and all other occupants, 17 Pinewood Apt 3B, Asheville, NC 28801.

Nuance. If you only know a nickname, list the legal name you have plus a/k/a with the nickname so the sheriff can serve the right person.

Common mistake and consequence. Leaving off a co-tenant means the sheriff cannot remove that person on writ day, and you have to refile against them separately.

Misconception. Many landlords think naming one tenant covers the whole household; it does not, and unnamed adults can stay even after the writ executes.

Box 1 — Plaintiff Is the Landlord

Plain English. You are confirming you have the legal right to evict.

How to answer. Check the box stating that the plaintiff is the landlord of the premises described below. There is no alternative; if you are not the landlord, you cannot use this form.

Example entry. Janet checks the single box on line 1.

Nuance. A new owner who bought the property mid-tenancy is still the “landlord” for this purpose under G.S. § 42-8, but should attach the deed.

Common mistake and consequence. Leaving the box unchecked makes the complaint defective on its face, and a careful magistrate will dismiss without reaching the merits.

Misconception. Some filers think this box is implied; magistrates strictly require an actual checkmark.

Box 2 — Description of the Premises

Plain English. This tells the court exactly which property you want back.

How to answer. Write the full street address, including unit number, city, county, and ZIP code. For mobile home lots, add the lot number. For commercial spaces, add the suite number.

Example entry. 17 Pinewood Drive, Apt. 3B, Asheville, Buncombe County, NC 28801.

Nuance. If the lease covers a room in a shared house, describe the room (e.g., the front bedroom of 412 Elm St.) so the writ is enforceable.

Common mistake and consequence. Skipping the unit number means the sheriff cannot lawfully padlock the right door, and the writ comes back unexecuted.

Misconception. Filers assume the address on the lease is enough; the complaint must restate it in full because the lease is just an exhibit.

Box 3 — Grounds for Summary Ejectment

Plain English. This is where you tell the court why you are evicting.

How to answer. Check one or more of the four sub-boxes: (a) failure to pay rent, (b) holding over after the end of the lease, (c) breach of a condition in the lease for which re-entry is specified, or (d) criminal activity (for public housing).

Example entry. Maria checks box 3(a) for nonpayment, then writes the unpaid amount and the due date in the lines provided.

Nuance. If multiple grounds apply (e.g., nonpayment and holdover), check both, but be ready to prove each independently.

Common mistake and consequence. Checking 3(c) without quoting the specific lease clause that allows re-entry causes the magistrate to dismiss the breach claim under Stanley v. Harvey, because re-entry must be expressly reserved.

Misconception. Landlords often check 3(c) for “any lease violation,” but North Carolina law requires the lease itself to contain a forfeiture or re-entry clause for that ground to work.

Box 3(a) — Nonpayment of Rent Sub-Fields

Plain English. This sub-box captures the dollar amount owed and the date it was due.

How to answer. Write the unpaid rent amount in dollars and cents, the date it became due, and confirm a 10-day demand was made under G.S. § 42-3. The form has a checkbox confirming demand was made.

Example entry. $1,250.00 due on 05/01/2026; demand made on 05/02/2026.

Nuance. If your lease waives the demand requirement (allowed under G.S. § 42-3 when the waiver is explicit), check the box stating the demand was waived in writing and attach the lease page.

Common mistake and consequence. Forgetting to check the demand box, even when demand was actually made, kills the case because the magistrate cannot assume facts not pleaded.

Misconception. Landlords think a text message qualifies as the 10-day demand; written demand is safer and is the only form magistrates routinely accept.

Box 3(b) — Holding Over

Plain English. This applies when the lease ended and the tenant won’t leave.

How to answer. State the date the lease term ended and confirm proper notice to vacate was given (typically 7 days for week-to-week, 30 days for year-to-year under G.S. § 42-14).

Example entry. Lease term ended 04/30/2026; 30-day notice to vacate served 03/28/2026.

Nuance. Month-to-month tenancies require a 7-day notice, not 30, despite a widespread belief otherwise.

Common mistake and consequence. Using a 30-day notice for a month-to-month tenancy is fine, but using a 7-day notice for a year-to-year tenancy is fatal and forces a refile.

Misconception. Landlords think CARES Act notices replace state notices; they stack on top of each other for covered properties.

Box 3(c) — Breach of Lease Condition

Plain English. This covers lease violations like unauthorized pets or guests.

How to answer. Quote or paraphrase the lease clause violated, describe the breach, and state that the lease contains a forfeiture/re-entry clause.

Example entry. Tenant kept unauthorized pit bull in violation of Paragraph 14; lease provides for re-entry under Paragraph 22.

Nuance. Without a forfeiture clause in the lease, breach of condition does not support summary ejectment under Stanley v. Harvey, 90 N.C. App. 535.

Common mistake and consequence. Listing the breach but not the re-entry clause causes dismissal because the legal hook is missing.

Misconception. Filers believe any material breach allows eviction; North Carolina is a strict forfeiture-clause state.

Box 3(d) — Criminal Activity (Public Housing)

Plain English. This applies to drug or violent crime in subsidized housing.

How to answer. Check the box, describe the criminal activity, and cite the federal lease addendum or 42 U.S.C. § 1437d(l)(6).

Example entry. Defendant arrested 04/12/2026 for distribution of controlled substance on the premises; violates federal lease addendum Para. 8.

Nuance. Conviction is not required; reasonable cause to believe the activity occurred is enough.

Common mistake and consequence. Private landlords sometimes check this box; it is reserved for public and federally assisted housing and will be stricken otherwise.

Misconception. Filers think any criminal allegation works; the activity must be drug-related, violent, or threaten health and safety per the federal statute.

Box 4 — Money Damages Demanded

Plain English. This is the dollar amount you want the magistrate to award.

How to answer. Enter unpaid rent through the date of filing, plus any late fees allowed by G.S. § 42-46 (capped at $15 or 5% of monthly rent, whichever is greater).

Example entry. $1,250.00 unpaid rent + $62.50 late fee = $1,312.50.

Nuance. Small claims jurisdiction caps damages at $10,000 under G.S. § 7A-210; above that, file in district court.

Common mistake and consequence. Including future rent or pre-paid utilities inflates the claim and can draw a partial dismissal.

Misconception. Landlords think they can claim damages to the unit on this form; property damages require a separate complaint.

Box 5 — Costs

Plain English. This requests the filing fee and service fee back from the tenant.

How to answer. Check the box requesting court costs. Do not write a dollar figure; the clerk computes it.

Example entry. Carlos checks the costs box and leaves the dollar line blank.

Nuance. Costs are awarded automatically to the prevailing party in summary ejectment under G.S. § 6-18.

Common mistake and consequence. Writing in a guessed cost figure can cause the magistrate to limit your award to that number even if actual costs are higher.

Misconception. Filers assume costs include attorney fees; they do not, unless the lease provides for them and you attach a fee affidavit.

Verification and Signature Block

Plain English. This is your sworn statement that everything in the complaint is true.

How to answer. Sign and date in front of the clerk or a notary, who will then check the sworn and subscribed box. Print your name and title (e.g., Owner, Property Manager, Member-Manager).

Example entry. Janet R. Williams, Owner, signed 05/15/2026 before Deputy Clerk J. Patel.

Nuance. Some clerks accept the verification at the filing window without a separate notary trip, which saves time.

Common mistake and consequence. Signing at home without a notary forces the clerk to reject the filing, costing you the day.

Misconception. Filers think a digital signature works; small claims complaints in non-eCourts counties require a wet-ink signature.

Three Filled-Out Examples Using Real Scenarios

The walkthroughs below show how three different landlords handle the same form with very different facts. Each scenario uses a named filer and tracks them through the most important fields.

Scenario 1 — Maria Lopez, Nonpayment of Rent in Mecklenburg County

Form Section	What Maria Enters
County	MECKLENBURG
Plaintiff	Maria T. Lopez, 1422 Sharon Rd., Charlotte, NC 28211
Defendant	Tasha M. Greene and all other occupants, 17 Pinewood Apt. 3B, Charlotte, NC 28202
Box 1 (Landlord)	Checked
Box 2 (Premises)	17 Pinewood Drive, Apt. 3B, Charlotte, Mecklenburg County, NC 28202
Box 3(a) Nonpayment	$1,250.00 due 05/01/2026; demand made 05/02/2026 — checked
Box 4 (Damages)	$1,312.50 (rent + late fee under G.S. 42-46)
Box 5 (Costs)	Checked, no amount written
Verification	Signed before deputy clerk on 05/15/2026

Scenario 2 — Marcus Bell, Holdover After Lease Expiration in Wake County

Form Section	What Marcus Enters
County	WAKE
Plaintiff	Bell Family Rentals, LLC, 5500 Six Forks Rd., Raleigh, NC 27609
Defendant	Devon L. Reyes and Sarah K. Reyes, 88 Maplewood Ct., Cary, NC 27519
Box 1 (Landlord)	Checked
Box 2 (Premises)	88 Maplewood Court, Cary, Wake County, NC 27519
Box 3(b) Holdover	Lease term ended 04/30/2026; 30-day notice served 03/28/2026
Box 4 (Damages)	$2,400.00 holdover rent at fair market value
Box 5 (Costs)	Checked
Attachments	Lease, expired notice, deed showing LLC ownership

Scenario 3 — Janet Williams, Breach of Lease (Unauthorized Pet) in Guilford County

Form Section	What Janet Enters
County	GUILFORD
Plaintiff	Janet R. Williams, 482 Oak Ridge Lane, Greensboro, NC 27410
Defendant	Aisha N. Carter, 312 Battleground Ave. #2, Greensboro, NC 27401
Box 1 (Landlord)	Checked
Box 2 (Premises)	312 Battleground Avenue, Unit 2, Greensboro, Guilford County, NC 27401
Box 3(c) Breach	Unauthorized dog in violation of Para. 14; lease re-entry clause Para. 22
Box 4 (Damages)	$0 — possession only
Box 5 (Costs)	Checked
Attachments	Lease pages 3 and 5, photos of dog, notice to cure dated 04/10/2026

How to File the Completed Form

You have three filing channels in North Carolina, and the right one depends on your county. Each channel has a different fee structure, processing time, and proof-of-filing standard.

In person at the Clerk of Superior Court. This is the dominant channel statewide. Bring the completed Form AOC-CVM-202, the lease, the demand letter, and your filing fee. The 2026 filing fee is $96.00 for the complaint, plus $30.00 sheriff service per defendant. Accepted payment is cash, money order, certified check, or (in some counties) credit card with a surcharge. Processing is same-day, and the clerk hands you a stamped copy as proof of filing. Find your courthouse on the court locator map.

By mail to the Clerk of Superior Court. A handful of counties allow mailed filings for non-emergency civil actions, but summary ejectment is time-sensitive and most clerks discourage it. If you mail, use certified mail with return receipt, include a self-addressed stamped envelope, and enclose a money order for the exact fee. Processing adds 5 to 10 days, which delays your hearing.

Online via eCourts File & Serve. Counties on the eCourts portal accept electronic filing through Tyler Technologies’ Odyssey system. The fee is the same $96.00 plus a portal convenience fee around $2.00. Payment is by credit card or e-check. Processing is typically same-day during business hours, and the system emails a stamped PDF as proof of filing. Keep that PDF; it is your only proof in eCourts counties.

After filing, the clerk issues the Magistrate Summons (AOC-CVM-201), and the sheriff serves the tenant. Your hearing is set within 7 days of issuance under G.S. § 42-28, so calendar fast.

What Happens After You File

Once the complaint is filed and the summons issued, the sheriff has the duty to serve the tenant at least two days before the hearing. Service can be personal, by leaving a copy with a person of suitable age at the dwelling, or by posting the summons on the door if no one is home, under G.S. § 42-29. Posting service entitles the landlord only to possession, not money damages, so personal service matters when you want a money judgment.

The magistrate hearing happens within seven days of summons issuance. Bring originals of the lease, the demand letter, the rent ledger, photos, and any witnesses. The magistrate either grants possession, dismisses, or continues the case. Either party has 10 days to appeal to district court under G.S. § 42-34, and during the appeal the tenant can stay by paying rent into the clerk’s office as an undertaking.

If no appeal is filed, the landlord requests a Writ of Possession (AOC-CVM-208) on day 11, the sheriff posts a 5-day padlock notice, and the unit is recovered. Total timeline from filing to padlock is usually 21 to 30 days when everything goes smoothly, longer if the tenant appeals or claims a CARES Act defense.

Mistakes to Avoid When Filling Out the Form

• Filing in the wrong county. Filing where the landlord lives instead of where the property sits causes a venue dismissal and forfeits the filing fee.
• Skipping the 10-day demand checkbox. The magistrate cannot assume demand was made; an unchecked box equals dismissal of nonpayment claims.
• Listing only one tenant when multiple adults occupy the unit. Unnamed adults are not bound by the writ and can remain after the padlock.
• Using a property manager as plaintiff for an LLC-owned property. This creates a real-party-in-interest defect and gets the case tossed.
• Checking Box 3(c) without a re-entry clause in the lease. Without forfeiture language, breach of condition is not a valid ground for summary ejectment.
• Demanding more than $10,000 in damages. That blows past small claims jurisdiction and forces a transfer or dismissal.
• Forgetting to attach the lease. Without the lease, the magistrate has no proof of the tenancy terms or rent amount.
• Wrong unit number on the premises description. Sheriff cannot lawfully execute the writ on a unit not named in the complaint.
• Signing the verification at home instead of before the clerk or notary. The clerk will reject the filing at the window.
• Missing the CARES Act 30-day notice for federally backed properties. A federal preemption defense will sink the case at hearing.
• Filing on a superseded form revision. Some magistrates strictly enforce the current revision date and dismiss outdated forms.
• Listing future rent in damages. Future rent is not yet due and cannot be claimed; including it can draw partial dismissal.

Do’s and Don’ts

Do’s

• Do confirm the property’s county before filing, because venue is jurisdictional under G.S. § 7A-211.
• Do attach the signed lease, demand letter, and any notices, because the magistrate decides on what is in the file.
• Do name every adult occupant plus and all other occupants, because that protects the writ from being voided by unnamed tenants.
• Do sign the verification before the clerk or a notary, because unsworn complaints are defective.
• Do keep a stamped copy of the filed complaint, because that is your only proof of the filing date.
• Do calendar the hearing date the same day you file, because hearings are within seven days and sheriff service can be quick.

Don’ts

• Don’t lock the tenant out, shut off utilities, or remove their belongings, because G.S. § 42-25.9 makes that illegal and exposes you to damages.
• Don’t accept partial rent after filing without a written reservation of rights, because acceptance can waive the breach.
• Don’t file before the 10-day demand period expires, because the case is premature and will be dismissed.
• Don’t rely on text messages as the demand for rent, because written demand is the safe and accepted form.
• Don’t guess the file number or court costs, because the clerk fills those in.
• Don’t skip the SCRA affidavit on default cases, because federal law voids judgments against active-duty service members without it.

Pros and Cons of Filing on Your Own vs. With Help

Pros of filing pro se

• Lower cost. You pay only the $96 filing fee plus $30 sheriff service, saving $300–$1,500 in attorney fees.
• Speed. You can walk into the clerk’s office the morning the demand period expires.
• Control. You decide the strategy, the grounds, and the damages claimed.
• Simplicity for nonpayment cases. Most nonpayment evictions are factually straightforward and well-suited to pro se filing.
• Direct relationship with the tenant. You can negotiate at the hearing without a lawyer’s middleman.

Cons of filing pro se

• Risk of fatal field-level errors. The 10 mistakes above are common, and each one can sink the case.
• No appeal-stage representation. If the tenant appeals to district court, Rule 11 of the NC Rules of Civil Procedure and stricter pleading rules apply, and LLCs need counsel.
• Time cost. Pro se filers spend hours at the courthouse compared to attorneys who know the workflow.
• Emotional strain. Eviction hearings are tense, and tenants sometimes raise habitability counterclaims that catch unprepared landlords off guard.
• Limited remedies. A pro se landlord may not realize they can also pursue damages beyond rent in a separate action.

Filing by Mail vs. Online Comparison

Filing Channel	Key Differences
In-Person	$96 + $30 sheriff fee, same-day stamped copy, immediate summons issuance
Mail	Same fees, 5–10 day delay, certified mail receipt as proof, not allowed in all counties
eCourts Online	$96 + ~$2 portal fee, credit card or e-check, instant PDF receipt, available only in Odyssey counties

FAQs

Do I file in the county where I live or where the property is located?

No. File in the North Carolina county where the rental property sits, because small claims venue is property-based under G.S. § 7A-211, regardless of the landlord’s home county.

Can I evict without a written lease using AOC-CVM-202?

Yes. Oral leases are enforceable in North Carolina for terms under three years, and AOC-CVM-202 still applies. Bring witnesses, payment records, and texts to prove the rental terms.

Do I write my LLC name or my personal name in the Plaintiff box?

Yes — write the LLC name if the LLC owns the property. Listing your personal name when title is in the LLC creates a real-party-in-interest problem and the magistrate may dismiss.

What if I don’t know the tenant’s middle name for the Defendant box?

Yes, you can still file. Write the first and last name you know, add a/k/a with any nickname, and include and all other occupants to capture unknown household adults.

Do I check Box 3(a) and 3(b) at the same time?

Yes, if both apply. You can plead nonpayment and holdover together, but you must prove each independently at the hearing with separate documents.

Is the 10-day demand letter required for every eviction?

No. Demand is only required for nonpayment cases under G.S. § 42-3. Holdover and breach-of-condition cases do not require it, though notice to vacate may be required.

Can I include damage to the unit in Box 4?

No. Box 4 is limited to unpaid rent and contractual late fees. Property damage requires a separate civil action, usually filed after possession is recovered.

Do I need to attach the lease when I file?

Yes, always. Without the lease, the magistrate has no documentary proof of rent, term, or breach, and dismissal is the most likely outcome.

Can I file Form AOC-CVM-202 online?

Yes, in eCourts counties through the File & Serve portal. In non-eCourts counties, you must file in person at the Clerk of Superior Court.

Do I have to serve the tenant myself?

No. The sheriff serves the tenant under G.S. § 42-29. Landlord-attempted service is not valid for summary ejectment.

What happens if I check the wrong box on Box 3?

No correction is possible after the magistrate rules; you must voluntarily dismiss and refile with the correct box checked, paying a new filing fee.

Do I need a lawyer to fill out AOC-CVM-202?

No. Most pro se landlords file this form without counsel. However, LLCs generally need an attorney if the case is appealed to district court under G.S. § 84-4.

Is the SCRA affidavit really required for every default?

Yes, when the tenant doesn’t appear. 50 U.S.C. § 3931 requires landlords to certify military status before any default judgment, or the judgment is voidable.

Can I refile if my case is dismissed for a field error?

Yes. A dismissal without prejudice lets you refile after fixing the error and paying a new $96 filing fee, but the 10-day demand clock may need to restart.