North Carolina Form AOC-CVM-300 is the Complaint in Summary Ejectment, the official small claims court pleading a landlord files with the Clerk of Superior Court to remove a tenant from a residential rental in North Carolina. The form launches the eviction case under N.C.G.S. Chapter 42, Article 3, and the magistrate uses it to decide whether the tenant must vacate, pay back rent, or both.
Eviction filings are heavy in North Carolina. The North Carolina Judicial Branch annual statistical report shows the state’s magistrates handle more than 180,000 summary ejectment filings each year, and clerks reject or delay an estimated 1 in 5 complaints because of mistakes on AOC-CVM-300 itself. A small typo in the rent demand box, the wrong lease end date, or a missed checkbox in Box 1 can cost a landlord weeks and a second $96 filing fee.
Here is what this guide covers:
- 📝 What every box, line, and checkbox on the current Rev. 4/2024 form means in plain English
- 🏘️ Three full landlord scenarios walked from cover to signature, with sample entries
- 📅 The 10-day demand rule, the 7-day trial window, and how to time them right
- 💵 Filing fees, sheriff service costs, and how to file in eCourts pilot counties on the NC eCourts File & Serve portal
- ⚖️ The most common rejection reasons magistrates cite and how to avoid them
What the Form Is and Who Must File It
Form AOC-CVM-300 is North Carolina’s Complaint in Summary Ejectment, the only pleading the magistrate accepts to start a residential or commercial eviction in small claims court. The form is published by the Administrative Office of the Courts and is currently in its Rev. 4/2024 version, which is the version readers should download from the official NC Judicial Branch forms page before filing. Earlier versions, including Rev. 3/2018, will be rejected by clerks in eCourts pilot counties because the bar codes do not match the current docket system.
The filer is almost always the landlord, property owner, or property manager suing a tenant who has not paid rent, has stayed past the lease, or has broken a material lease term. North Carolina law allows a non-attorney property manager to sign and file AOC-CVM-300 on behalf of a corporate landlord under N.C.G.S. § 7A-211.1, so a leasing agent who collects rent can sign the complaint. Tenants never file this form — a tenant who wants to dispute the eviction files an Answer on form AOC-CVM-405 instead.
The statute that drives the whole process is N.C.G.S. § 42-26, which lists the only three legal grounds for summary ejectment: nonpayment of rent, holding over after the lease ended, and breach of a condition that gives the landlord a right of reentry. If the complaint does not check one of those three boxes, the magistrate must dismiss the case at trial. Filers should also know about N.C.G.S. § 42-3, which forces the landlord to make a 10-day demand for rent before filing on the nonpayment ground unless the lease waives that demand in writing.
A common misconception is that AOC-CVM-300 ends the lease on its own. It does not. The lease ends only when the magistrate enters a Judgment in Action for Summary Ejectment on form AOC-CVM-401 and the appeal period runs out, after which the sheriff executes a Writ of Possession on form AOC-CVM-410.
Before You Start: Documents and Information You Need
Filling out AOC-CVM-300 is faster and far less likely to be rejected when the landlord gathers everything below before opening the form. Missing a single document, like the signed lease, can force the magistrate to continue the trial and give the tenant another two weeks of free rent. The NC Court System self-help center for landlords keeps a checklist that mirrors the items below, but this list is more granular and field-specific.
- Signed lease agreement. The magistrate compares the names and address on the lease to the names entered in Box 1; a mismatch can void service. If the lease is oral, write “ORAL MONTH-TO-MONTH” in the lease description box.
- Complete rent ledger. The ledger supports the dollar amount in Box 2; magistrates routinely deny damages that are not itemized by month.
- Copy of the 10-day demand notice. Required for nonpayment cases under § 42-3; without it, the magistrate dismisses the rent claim even if the tenant clearly owes the money.
- Proof of service of any lease-required notice. A holdover case based on a 30-day notice falls apart without a dated copy of the notice and a certificate of mailing.
- Tenant’s full legal name and current address. The sheriff cannot serve “John Doe” or a P.O. Box; a wrong name in Box 1 is the single most common reason for rejected service.
- Property address with unit number. The address in Box 1 must match the lease and the deed, including apartment, lot, or suite numbers.
- Owner’s legal name and mailing address. If the owner is an LLC, use the exact name on file with the NC Secretary of State business registration.
- Filing fee of $96.00 plus sheriff service fee of $30.00 per defendant. The clerk will not docket the case without payment; current fees are listed on the NC Judicial Branch court costs page.
- Servicemembers Civil Relief Act affidavit if the tenant may be active duty. Required for default judgments under 50 U.S.C. § 3931.
- Photo ID for the filer. The clerk verifies identity at the counter and through the eCourts portal account.
A landlord who walks into the magistrate’s office without the lease, the ledger, and the 10-day demand notice will almost always lose at trial even if everything on the form is filled out perfectly.
Where to Get the Form and How to Access It
The only authoritative copy of AOC-CVM-300 lives on the North Carolina Judicial Branch forms library, where it is published as a fillable PDF that opens in Adobe Reader or any modern browser. Printing from a third-party site is risky because older revisions still circulate online and clerks reject them on sight in eCourts counties. Always check that the bottom-left footer reads AOC-CVM-300, Rev. 4/2024.
For pro se landlords without a printer, every Clerk of Superior Court office keeps a stack of paper copies at the magistrate window, and the Clerk of Court directory lists the address for all 100 counties. Walk-in pickup is free, and the clerk will hand over the companion Magistrate Summons (AOC-CVM-100) at the same time, which is filed alongside the complaint.
In the eCourts pilot counties — currently Wake, Mecklenburg, Harnett, Johnston, Lee, and a growing list — the form is filed electronically through the eCourts File & Serve portal powered by Tyler Technologies. Filers create a free Odyssey account, upload the completed PDF, and pay by credit card or e-check. Counties not yet on eCourts still accept paper filings only, and a few counties like Durham accept faxed complaints under local rule.
A frequent misconception is that the NC Legal Aid tenant rights site hosts a landlord version of the form. It does not — Legal Aid serves tenants, and its sample forms are tenant-side answers and motions. Landlords should rely only on the AOC source.
Step-by-Step: How to Fill Out AOC-CVM-300 Line by Line
The form is one page, front and back, with a caption block, ten numbered allegation paragraphs, a verification, and a signature line. Work top to bottom; skipping ahead is the easiest way to misalign the case number and the venue line. Every entry must be typed or printed in black ink because the clerk scans the page into the eCourts docket and blue ink fades on the scan.
Caption: County Name
The caption asks the filer to print the county where the rental property sits, not where the landlord lives. Write the county name in all caps, for example MECKLENBURG, on the line above “In The General Court Of Justice.”
The venue rule comes from N.C.G.S. § 42-29, which fixes venue in the county where the property lies. Robert Chen, who owns a rental in Charlotte but lives in Raleigh, writes MECKLENBURG even though he files from Wake County by mail.
A common edge case is a property that straddles two counties, which happens with rural parcels near county lines; in that case the filer picks the county where the dwelling unit physically sits, not where the mailbox is registered. The most common mistake here is writing the landlord’s county of residence, which forces the clerk to transfer the case under Rule 12(b)(3) and adds two weeks of delay. A misconception filers carry is that filing in their home county is “more convenient” — it is not, because the magistrate has no jurisdiction over property in another county.
Caption: File Number
Leave the File No. box blank. The clerk stamps it after the filing fee is paid and the case is docketed.
The file number follows the pattern YY CVM XXXXXX, where CVM stands for Civil Magistrate. In Wake County, a complaint filed in May 2026 might come back as 26 CVM 014823.
The edge case here is refiling after a voluntary dismissal; the clerk assigns a brand-new file number rather than reopening the old one. The most common mistake is writing in a guessed or prior file number, which causes the eCourts system to reject the filing as a duplicate. The misconception that landlords can reuse an old number is wrong because each summary ejectment is a fresh civil action.
Caption: Plaintiff(s)
Box for Name And Address Of Plaintiff asks for the legal owner of the property or the person entitled to possession. Print the full legal name, then the mailing address on the next line.
If the owner is an LLC, copy the name exactly as registered with the NC Secretary of State, for example Greenleaf Holdings LLC. Maria Alvarez, sole owner of a duplex on Glenwood Avenue, writes “Maria Alvarez, 412 Glenwood Ave, Raleigh, NC 27603.”
The edge case that trips up filers is co-ownership; both names must appear if the deed lists two owners as tenants in common, otherwise a non-joined owner can void the judgment. The most common mistake is using a “doing business as” trade name like Sunrise Rentals without the underlying owner; magistrates dismiss those cases for lack of capacity to sue. The misconception that a property manager can sue in their own name is wrong — the property manager signs for the owner, but the owner is the named plaintiff.
Caption: Defendant(s)
The Name And Address Of Defendant box takes every adult tenant on the lease, plus any known adult occupant, on separate lines. Add a second AOC-CVM-300 page if more than two defendants.
Print each tenant’s full legal name as it appears on the lease and the property address as the service address. For a two-tenant lease, write “Jamal Wright” on line one and “Tasha Wright” on line two, both at “1907 Beechcrest Ln Apt 4B, Durham, NC 27704.”
A frequent edge case is an unknown occupant; landlords add “and all other occupants” on the next line so the writ of possession reaches anyone the sheriff finds inside. The most common mistake is leaving off a co-tenant who is on the lease — the missing co-tenant can stay even if the named tenant is removed, defeating the eviction. The misconception that minors must be named is wrong; only adults 18 and older are named as defendants.
Box 1: Grounds for Summary Ejectment Checkboxes
Box 1 lists the three statutory grounds and asks the landlord to check every box that applies. The three options are (a) the tenant failed to pay rent due, (b) the tenant breached a condition of the lease for which reentry is specified, and (c) the tenant holds over after the lease ended.
Check the box that matches the facts; checking more than one is allowed when the facts support each ground. Robert Chen’s tenant stopped paying rent in February and the lease term also expired March 31, so Robert checks both box (a) and box (c).
The edge case to watch is a “no-cause” termination of a month-to-month tenancy; that is a holdover under (c) after the 7-day notice required by N.C.G.S. § 42-14, not a breach under (b). The most common mistake is checking (b) for nonpayment, which the magistrate will dismiss because nonpayment is its own ground. The misconception that a landlord can evict for “any reason” is wrong — only the three statutory grounds work.
Box 2: Defendant Entered Possession Date and Lease Description
Box 2 asks when the tenant first took possession and the type of tenancy. Use MM/DD/YYYY format and check whether the rent is due weekly, monthly, or yearly.
Enter the move-in date from the lease, not the lease signing date. Tasha Wright moved in on 06/01/2024, so Jamal’s landlord writes 06/01/2024 and checks “monthly” with rent of $1,450.00.
An edge case is a tenant who renewed under a new lease; use the original move-in date because possession has been continuous. The most common mistake is using today’s date, which makes the complaint internally inconsistent and gives the tenant a defense at trial. The misconception that the date must match the current lease term is wrong; the box tracks possession, not paper.
Box 3: Demand for Rent (Nonpayment Cases Only)
Box 3 is the certification that the landlord made a demand for the rent and waited the statutory ten days before filing. Check the box and fill in the date the demand was made.
Under § 42-3, the demand can be oral or written unless the lease waives it; most landlords serve a written 10-day notice for proof. Maria Alvarez posted a 10-day demand on her tenant’s door on 04/15/2026 and filed AOC-CVM-300 on 04/26/2026, so she writes 04/15/2026 in the date blank.
The edge case is a lease with a written waiver of the § 42-3 demand; landlords with that clause check the alternate box that says the lease waives demand. The most common mistake is filing on day 9, which voids the rent claim. The misconception that a text message demand is enough is risky — magistrates accept it but tenants often deny receiving it, so written notice with photo proof is safer.
Box 4: Breach of Condition (Lease Violation Cases Only)
Box 4 is filled in only when (b) is checked in Box 1. The landlord describes the specific lease section breached and the conduct that breached it.
Quote the lease provision and the date of the violation. “Tenant violated Section 14 of the lease by housing an unauthorized German Shepherd weighing over 50 pounds, observed on 03/12/2026.”
The edge case is a lease that does not contain a forfeiture or reentry clause; without that clause, the magistrate has no authority to evict for breach under § 42-26(a)(2). The most common mistake is vague language like “tenant was loud” — magistrates need a quoted lease section. The misconception that any rule violation supports eviction is wrong; the lease must expressly say the violation gives the landlord a right of reentry.
Box 5: Holdover After Lease Expiration
Box 5 covers cases under ground (c). Fill in the date the lease ended and check whether the tenancy was for a fixed term or terminated by notice.
For a fixed-term lease, write the end date printed on the lease; for a month-to-month, write the date the 7-day notice expired. Greenleaf Holdings LLC ended a month-to-month tenancy by serving a 7-day notice on 03/24/2026; the lease ended 03/31/2026 and that is the date in Box 5.
The edge case is a tenant who paid rent after the notice expired; accepting that rent can revive the tenancy and force a new notice. The most common mistake is using the lease signing date rather than the end date. The misconception that a landlord must give 30 days for a month-to-month is wrong in North Carolina; § 42-14 requires only 7 days.
Box 6: Money Owed — Rent in Arrears
Box 6 asks for the total rent due and unpaid as of the filing date, broken down by month if possible. Enter the dollar amount with cents, no dollar sign.
Use the rent ledger to itemize. Jamal’s landlord enters 4,350.00 representing three months of unpaid rent at 1,450.00.
The edge case is partial payments; subtract them from the gross amount because the magistrate will only award the net unpaid balance. The most common mistake is including late fees, utility charges, or pet fees in the rent number — those go in Box 7 instead. The misconception that future rent can be claimed is wrong; only rent due as of the filing date is recoverable.
Box 7: Other Money Owed
Box 7 captures late fees, damages, and other contractual charges the landlord wants the magistrate to award. Enter the total and attach an itemization.
Late fees are capped at the greater of $15 or 5% of the monthly rent under N.C.G.S. § 42-46. Maria Alvarez claims 145.00 in late fees, which is 5% of three months of $967 rent.
The edge case is property damage discovered after move-out; landlords usually file a separate small claims action because Box 7 is for charges accrued before the writ executes. The most common mistake is claiming the security deposit; that is not a debt and the deposit must instead be accounted for under N.C.G.S. § 42-52. The misconception that “any” amount can go here is wrong — only contractually authorized charges are recoverable.
Box 8: Subsidized Housing Indicator
Box 8 asks whether the property is subsidized housing, including Section 8, public housing, or LIHTC. Check yes or no.
If yes, the landlord must comply with federal good cause and notice rules under 24 C.F.R. § 982.310. A Charlotte Housing Authority project-based unit gets a “yes” check and a copy of the HAP contract attached.
The edge case is a tenant with a Section 8 voucher in privately owned housing; that is “yes” because it is subsidized. The most common mistake is checking “no” on a voucher tenancy, which can lead to dismissal under federal preemption. The misconception that Section 8 tenants cannot be evicted is wrong; they can, but only with the federal cause and notice protections.
Box 9: Attorney’s Fees
Box 9 lets the landlord claim attorney’s fees if the lease and N.C.G.S. § 6-21.2 authorize them. Enter the dollar amount or write N/A if pro se.
The statute caps fees at 15% of the unpaid balance when the lease has the right language. A landlord with $4,350 in unpaid rent claims 652.50 in fees if the lease allows them.
The edge case is a pro se landlord; non-attorney filers cannot recover attorney’s fees because there are no fees to recover. The most common mistake is claiming fees on a lease that is silent — magistrates strike them. The misconception that the magistrate “always” awards fees is wrong; the lease must specifically authorize them.
Box 10: Verification and Signature
The verification at the bottom is signed under oath by the plaintiff, an officer of the plaintiff entity, or a property manager with written authority. Sign in front of a notary or the clerk, who acts as a notary for free.
Print the signer’s name and title, then sign and date. Greenleaf Holdings LLC’s property manager Lina Park signs as “Lina Park, Property Manager” and dates the line 04/26/2026.
The edge case is a corporate landlord without an in-state officer; remote notarization under N.C.G.S. § 10B-25 is allowed. The most common mistake is signing without a notary on a mailed-in complaint, which voids the verification and forces a refile. The misconception that an electronic signature is enough on paper filings is wrong — only eCourts uploads accept e-signatures.
Three Filled-Out Examples Using Real Scenarios
Scenario 1: Maria Alvarez — Nonpayment by Month-to-Month Tenant in Wake County
Maria owns a single-family rental in Raleigh and her tenant David Hayes has not paid March or April rent of $967 each.
| Form Section | What Maria Enters |
|---|---|
| County | WAKE |
| Plaintiff | Maria Alvarez, 412 Glenwood Ave, Raleigh, NC 27603 |
| Defendant | David Hayes, 88 Oakcrest St, Raleigh, NC 27610 |
| Box 1 — Grounds | Checks (a) failure to pay rent |
| Box 2 — Possession | 07/01/2023, monthly, 967.00 |
| Box 3 — Demand for Rent | Checked, demand date 04/15/2026 |
| Box 6 — Rent Owed | 1,934.00 |
| Box 7 — Other Charges | 96.70 late fees |
| Box 10 — Signature | Maria signs before the Wake County clerk on 04/26/2026 |
Scenario 2: Greenleaf Holdings LLC — Holdover After Fixed-Term Lease in Mecklenburg County
Greenleaf’s tenant Sasha Patel signed a 12-month lease that ended March 31, 2026, and refused to leave.
| Form Section | What Lina Park Enters for Greenleaf |
|---|---|
| County | MECKLENBURG |
| Plaintiff | Greenleaf Holdings LLC, 220 N Tryon St Ste 400, Charlotte, NC 28202 |
| Defendant | Sasha Patel and all other occupants, 1907 Beechcrest Ln Apt 4B, Charlotte, NC 28213 |
| Box 1 — Grounds | Checks (c) holdover |
| Box 2 — Possession | 04/01/2025, monthly, 1,450.00 |
| Box 5 — Lease End | Lease ended 03/31/2026, fixed term |
| Box 6 — Rent Owed | 0.00 |
| Box 7 — Other Charges | 1,450.00 in fair rental value for April |
| Box 10 — Signature | Lina Park, Property Manager on 04/12/2026, filed via eCourts |
Scenario 3: Robert Chen — Lease Breach for Unauthorized Pet in Durham County
Robert’s tenant Aisha Bowen kept an unauthorized 70-pound dog in violation of Section 14 of the lease.
| Form Section | What Robert Enters |
|---|---|
| County | DURHAM |
| Plaintiff | Robert Chen, 55 Pine Ridge Rd, Raleigh, NC 27607 |
| Defendant | Aisha Bowen, 311 Holloway St, Durham, NC 27701 |
| Box 1 — Grounds | Checks (b) breach of condition |
| Box 2 — Possession | 09/15/2024, monthly, 1,200.00 |
| Box 4 — Breach Description | Section 14: unauthorized 70-lb dog observed 03/12/2026; lease grants right of reentry |
| Box 6 — Rent Owed | 0.00 |
| Box 7 — Other Charges | 250.00 pet violation fee per lease Section 14 |
| Box 10 — Signature | Robert signs before Durham clerk on 04/02/2026 |
How to File the Completed Form
Filing happens through one of three channels depending on the county. Every channel requires the completed AOC-CVM-300, the Magistrate Summons (AOC-CVM-100), the lease, the rent ledger, and the demand notice.
In person at the Clerk of Superior Court. Walk to the magistrate’s office in the county where the property sits, listed on the Clerk of Court directory. The fee is $96.00 filing fee plus $30.00 sheriff service fee per defendant, paid by cash, check, money order, or in-county debit card. The clerk stamps the file number, hands back a copy, and forwards the summons to the sheriff; landlords keep the stamped copy as proof of filing.
By mail in non-eCourts counties. Mail the original signed and notarized complaint, the summons, a check for the fees made out to “Clerk of Superior Court,” and a self-addressed stamped envelope to the same clerk’s address. Processing takes 3–5 business days; the clerk returns a stamped copy. Mail filings are not allowed in eCourts pilot counties.
Online through eCourts File & Serve. In Wake, Mecklenburg, Harnett, Johnston, Lee, and other eCourts pilot counties, upload the PDF through the File & Serve portal, pay by credit card or e-check, and download the file-stamped copy within minutes. The system charges the same $96 plus $30 per defendant, plus a small portal convenience fee.
Trial date. The magistrate sets trial within 7 days of service under N.C.G.S. § 42-28, so landlords should expect a hearing within 10–14 days of filing.
What Happens After You File
The sheriff serves the summons and complaint on the tenant, usually within 5 days. Service can be by personal delivery, by leaving a copy with an adult at the residence, or by posting on the door combined with mailing under N.C.G.S. § 42-29.
The magistrate holds trial in small claims court 7 days after service. Both sides present evidence; the landlord brings the lease, the ledger, and the demand notice. The magistrate signs AOC-CVM-401, the Judgment in Action for Summary Ejectment, awarding possession, money damages, or both — or dismissing the case.
After judgment, the tenant has 10 days to appeal to district court under N.C.G.S. § 7A-228. If no appeal is filed and the tenant has not moved out, the landlord asks the clerk to issue a Writ of Possession (AOC-CVM-410), which the sheriff executes within 5 days, padlocking the unit.
A common misconception is that the landlord can change the locks the moment judgment is entered. North Carolina law forbids self-help eviction under N.C.G.S. § 42-25.6; only the sheriff can put the tenant out.
Mistakes to Avoid When Filling Out the Form
- Filing in the wrong county. The case is dismissed or transferred under § 42-29, costing the landlord time and a refile fee.
- Skipping the 10-day demand on a nonpayment case. The magistrate dismisses the rent claim even when the tenant clearly owes the money.
- Naming a “doing business as” trade name. The magistrate dismisses for lack of capacity to sue.
- Leaving a co-tenant off the defendant list. The unnamed co-tenant gets to stay, defeating the eviction.
- Using blue ink on the paper form. Scans fade and clerks reject the filing in eCourts pilot counties.
- Including the security deposit in Box 7. The deposit is not a debt; the magistrate strikes the entry and may delay judgment.
- Checking ground (b) for nonpayment. Magistrates dismiss because nonpayment must be filed under (a).
- Claiming attorney’s fees without lease language. Magistrates strike the fees and may sanction repeat offenders.
- Forgetting to notarize the verification. The complaint is invalid and must be refiled with another $96 fee.
- Misstating the rent amount. The magistrate awards only the proven amount, and inflated claims hurt credibility for future cases.
- Filing before the 7-day holdover notice expires. The case is dismissed for prematurity.
- Failing to attach the HAP contract on Section 8 cases. Federal preemption forces dismissal.
Do’s and Don’ts
Do’s – Do download Rev. 4/2024 from the official forms page every time, because older revisions are rejected. – Do itemize the rent ledger so Box 6 matches the supporting documents to the penny. – Do serve the 10-day demand in writing with a date-stamped photo, because oral demands invite tenant denials. – Do list every adult occupant plus “and all other occupants,” so the writ reaches everyone inside. – Do file in the property’s county, because venue is jurisdictional under § 42-29. – Do bring the lease and demand notice to trial, because the magistrate cannot grant relief without proof.
Don’ts – Don’t change the locks before the writ runs, because self-help eviction triggers treble damages under § 42-25.9. – Don’t accept partial rent after filing without a written non-waiver, because acceptance can revive the tenancy. – Don’t include damages discovered after move-out, because those belong in a separate small claims action. – Don’t use the security deposit as rent in Box 6, because that strips the landlord of the deposit’s separate protections. – Don’t sign the verification before reading every line, because the oath subjects the signer to perjury under N.C.G.S. § 14-209. – Don’t file in eCourts counties without an Odyssey account, because paper is rejected in pilot counties.
Pros and Cons of Filing on Your Own vs. With Help
Pros of Filing Pro Se – Cost savings. A pro se landlord pays $96 plus $30 service rather than $400–$1,200 for an attorney. – Speed. Same-day filing without scheduling around an attorney’s calendar. – Control. The landlord sets the trial strategy and decides whether to negotiate at the courthouse. – Simplicity for clear cases. A clean nonpayment case rarely needs legal expertise. – Direct knowledge. The landlord knows the lease and tenant facts better than anyone.
Cons of Filing Pro Se – No attorney’s fees recovery. A pro se landlord cannot recover under § 6-21.2 even with a good lease. – Procedural traps. Missed deadlines, bad service, or mislabeled grounds tank otherwise winning cases. – Trial nerves. Cross-examining a tenant under oath is harder than it looks. – Appeal exposure. A district court appeal under § 7A-228 functions as a new trial with stricter rules. – Federal subsidy complications. Section 8 and LIHTC cases involve preemption issues most landlords miss.
Filing Channel Comparison
| Filing Channel | Key Details |
|---|---|
| In Person | $96 + $30 per defendant, cash/check/money order, same-day file stamp |
| Same fees by check, 3–5 business days, not allowed in eCourts counties | |
| eCourts File & Serve | Same fees + small convenience fee, 24/7 access in pilot counties, instant file stamp |
FAQs
Do I need a lawyer to fill out AOC-CVM-300?
No. A non-attorney owner or authorized property manager can sign and file under § 7A-211.1. Corporate plaintiffs that want attorney’s fees recovery generally need counsel.
Can I file AOC-CVM-300 the same day I serve a 10-day demand?
No. Section 42-3 requires a full 10 days to pass after the demand before the complaint may be filed; filing on day 9 voids the rent claim.
Do I write my LLC’s trade name or its registered name in the Plaintiff box?
No. Use the legal name registered with the Secretary of State; a trade name causes dismissal for lack of capacity to sue.
Should I check both box (a) and box (c) in Box 1 if my tenant owes rent and the lease ended?
Yes. Checking every applicable ground is allowed and protects the case if one ground fails at trial.
Can I list “John Doe” in the Defendant box if I do not know the tenant’s name?
No. The sheriff cannot serve an unknown name; the complaint will be returned unserved and dismissed.
Do I include the security deposit in Box 6 or Box 7?
No. The deposit is not a debt and must be accounted for separately under § 42-52 after the tenant vacates.
Can I claim future rent that will accrue before trial?
No. Only rent due as of the filing date is recoverable in Box 6; later months require an amended pleading.
Is an electronic signature accepted on the paper form?
No. Paper filings need a wet signature notarized by the clerk or a notary; e-signatures work only in eCourts uploads.
Do I have to use Rev. 4/2024 specifically?
Yes. Older revisions are rejected by clerks in eCourts pilot counties and may be rejected by paper clerks at their discretion.
Can I change the locks the day the magistrate signs the judgment?
No. Only the sheriff can execute the writ of possession; self-help eviction triggers treble damages under § 42-25.9.
Does Section 8 status change how I fill out Box 8?
Yes. Check “yes” for any voucher, project-based, or LIHTC tenancy and attach the HAP contract or subsidy paperwork.
Can I file by fax in any North Carolina county?
No. Most counties no longer accept fax filings; a few like Durham allow it under local rule, but always confirm with the clerk first.
Do I need to attach the lease to the complaint?
Yes. Magistrates expect the lease at trial, and many clerks will not docket a complaint without a copy attached or available at the hearing.
Can my property manager sign the verification on Box 10?
Yes. A property manager with written authority can sign for a corporate landlord under § 7A-211.1, but the principal owner remains the named plaintiff.
Related reading
- How to Fill Out North Carolina Form AOC-CV-306 (w/Examples) + FAQs
- How to Fill Out North Carolina Form AOC-CVM-200 (w/Examples) + FAQs
- How to Fill Out North Carolina Form AOC-CVM-201 + FAQs
- How to Fill Out North Carolina Form AOC-CVM-202 + FAQs
- How to Fill Out North Carolina Form AOC-CVM-403 + FAQs
- How to Fill Out North Carolina Form AOC-SP-602 (w/Examples) + FAQs
- How to Fill Out North Carolina Form AOC-CV-100 (w/Examples) + FAQs