North Carolina Form AOC-CVM-403 is the Complaint in Summary Ejectment, the official court paper a landlord files in small claims court to evict a tenant for nonpayment of rent, holding over after the lease ends, breaching a lease condition, or criminal activity on the property. The form is heard by a magistrate under N.C.G.S. Chapter 42, Article 3, and a single missing checkbox, wrong rent amount, or skipped 10-day demand can get the case dismissed and force the landlord to start over.
According to the North Carolina Judicial Branch Annual Statistical Report, more than 180,000 summary ejectment cases are filed in North Carolina every year, and roughly 1 in 5 are dismissed for procedural defects on the complaint itself. This article walks you through each box on the current revision of the form so your case is not part of that 20%.
- 📝 How to fill out every box, line, and checkbox on AOC-CVM-403 in plain English
- 💵 The exact filing fees, sheriff service fees, and 10-day demand rules under N.C.G.S. § 42-3
- 🏘️ Three real-world scenarios (nonpayment, holdover, lease breach) walked through field by field
- ⚖️ Federal overlays like the CARES Act 30-day notice and the Servicemembers Civil Relief Act
- 🚫 The 10 most common mistakes that get summary ejectment cases tossed by the magistrate
What the Form Is and Who Must File It
Form AOC-CVM-403 is the official Complaint in Summary Ejectment published by the North Carolina Administrative Office of the Courts. It is the document that opens a landlord–tenant eviction case in the small claims division of district court, also called magistrate’s court. The current revision date is printed in the lower-left corner of page 1, and you should always download the newest version directly from the NC Courts forms page before you file, because older versions are sometimes rejected by clerks.
The form must be filed by the landlord, the landlord’s agent, or the landlord’s attorney. Under N.C.G.S. § 7A-216, a non-attorney property manager may sign and file the complaint if they hold a written authorization from the owner, but a corporation that owns the rental cannot file pro se through a non-attorney employee unless the property manager rule applies.
The form is used only for residential and commercial summary ejectment under N.C.G.S. § 42-26. It is not used for ejecting a co-owner, foreclosure occupants, hotel guests, or family members who never had a landlord–tenant relationship. Those situations require a different civil action, often a special proceeding for ejectment in superior court.
The magistrate has jurisdiction to hear the case as long as the rent claimed plus damages do not exceed $10,000, the small claims cap set by N.C.G.S. § 7A-210. If you are asking for more than $10,000 in back rent, you must file in district court instead, but possession alone always belongs in small claims first.
The consequence of filing the wrong form is automatic: the clerk will reject it at intake, you lose your filing fee for that day, and the tenant stays in possession. Maria, a small landlord in Wake County, lost three weeks chasing the wrong form because she downloaded an outdated AOC-CVM-201 from a third-party site. Always pull the form straight from the official NC Courts site.
Before You Start: Documents and Information You Need
Gather everything below before you sit down with the form. Walking up to the clerk’s window without one of these items is the single biggest reason summary ejectment complaints get continued or dismissed at the first hearing.
- Signed lease agreement. You need the original or a clean copy showing the rent amount, due date, term, and signatures. Without it, the magistrate has no way to confirm the lease terms you cite in Section 2 of the form.
- Complete rent ledger. A line-by-line record of every payment, late fee, and balance owed for the past 12 months. Magistrates routinely deny money judgments when the ledger does not match the complaint.
- 10-day demand letter and proof of delivery. Required by N.C.G.S. § 42-3 for nonpayment cases unless the lease waives demand. Keep the certified mail green card or a dated copy posted to the door.
- CARES Act 30-day notice (if applicable). If the property has a federally backed mortgage or participates in a covered housing program, the CARES Act § 4024 still requires a 30-day notice to vacate before filing.
- Tenant’s full legal name and any aliases. A complaint against “Mike Smith” when the lease says “Michael R. Smith Jr.” can void service.
- Property address with apartment or unit number. The magistrate’s writ of possession must match the lease, the complaint, and the sheriff’s address records exactly.
- Filing fee and sheriff fees. Bring $96 for the complaint plus $30 per defendant for sheriff service, payable by cash, money order, or in many counties by card through the NC eCourts portal.
- Military status check. Run each adult tenant through the DoD SCRA database and print the certificate; the magistrate will ask.
- Authorization to file (for property managers). A signed letter from the owner under N.C.G.S. § 7A-216 confirming you can file on the owner’s behalf.
- AOC-CVM-100 Magistrate Summons. The companion summons that the clerk staples to your complaint. The clerk usually issues it on the spot, but some counties want you to bring it pre-filled.
If you are missing the rent ledger, Marcus, a Charlotte landlord, learned the hard way that a magistrate can grant possession but deny the entire money judgment, leaving him to file a separate civil suit later.
Where to Get the Form and How to Access It
The official AOC-CVM-403 lives on the NC Courts forms library as a fillable PDF. Always download it fresh; the form is updated every few years and clerks are trained to spot outdated revision dates printed in the lower-left corner.
You can also pick up a paper copy at any Clerk of Superior Court office in any of the 100 North Carolina counties. The clerk’s office windows in larger counties like Mecklenburg, Wake, and Guilford keep stacks of pre-printed AOC-CVM-403, AOC-CVM-100 (Magistrate Summons), and AOC-CVM-201 (Complaint for Money Owed) on a public counter for free.
For attorneys and property managers filing in volume, the NC eCourts (Odyssey) portal now allows electronic filing in counties that have rolled out the system, including Wake, Mecklenburg, Lee, Harnett, and Johnston as of the 2026 rollout schedule. The portal auto-populates the case caption, calculates fees, and timestamps your filing.
Some legal aid organizations such as Legal Aid of North Carolina and the NC Pro Bono Resource Center keep clinic-printed packets that pair AOC-CVM-403 with the matching summons and instructions. These packets are most often used by tenants reviewing what was filed against them, but landlords are free to use them too.
The consequence of using a third-party or outdated form is rejection at the clerk’s window, sometimes after you have stood in line for an hour. Janet, a Greensboro property manager, was turned away three days in a row because she kept printing the 2018 revision from a paid template site instead of pulling the current PDF directly from the North Carolina Judicial Branch.
Step-by-Step: How to Fill Out AOC-CVM-403 Line by Line
The form is a single double-sided page with a caption block, four numbered claim sections, a verification, and a signature block. Fill it in black ink if you are using paper, or type directly into the fillable PDF and print it. Use ALL CAPS for names where requested, and use MM/DD/YYYY format for every date.
Caption Box: County
The caption asks you to write the county where the rental property sits.
How to answer it: Print the county name in the blank at the top right, all caps, no abbreviations. Venue is controlled by N.C.G.S. § 42-28, which requires you to file in the county where the leased premises are located.
A specific example: Maria writes WAKE because her rental is in Raleigh.
A nuance: If the property straddles a county line, file where the dwelling structure physically sits, not where the mailing address routes.
A common mistake: Filing in the county where the landlord lives instead of where the property sits. The magistrate must dismiss for improper venue, costing you the filing fee.
A misconception: Some landlords think they can pick a “friendlier” county. Venue is mandatory, not chosen.
Caption Box: File Number
The clerk fills in the file number, but you need to know what goes there.
How to answer it: Leave this box blank. The clerk’s office stamps a unique number such as 26 CVM 4123 when you submit the complaint.
A specific example: After filing, Marcus sees 26 CVM 04567 stamped in the file number box.
A nuance: If you are filing an amended complaint, write the original case number here.
A common mistake: Writing in your own number or a property management ID. The clerk will line through it and may make you re-sign the form.
A misconception: That the file number must match the lease number. The court file number is unrelated to your internal records.
Caption Box: Plaintiff (Landlord) Name and Address
This box identifies you, the landlord, who is suing.
How to answer it: Print the legal name of the property owner exactly as it appears on the deed or LLC filing with the NC Secretary of State. Add the mailing address where the court can reach you.
A specific example: Carlos writes OAKWOOD RENTALS LLC, 215 MAIN ST, DURHAM NC 27701.
A nuance: If a property manager is filing, the owner is still the plaintiff, not the manager. The manager signs as agent in the signature block.
A common mistake: Listing the trade name (“Carlos’s Rentals”) when the deed says the LLC owns the home. Mismatched names can void the judgment.
A misconception: That you can list multiple co-owners as one plaintiff. Each legal owner must be named separately.
Caption Box: Defendant (Tenant) Name and Address
This identifies every adult tenant named on the lease.
How to answer it: Print each adult tenant’s full legal name on a separate line, followed by the rental property address. Include any “Doe” defendants if unknown adult occupants live there.
A specific example: Aisha writes MICHAEL R. SMITH JR. and LINDA T. SMITH, then the rental address 1402 OAK AVE APT 3B, RALEIGH NC 27604.
A nuance: If the lease is in only one spouse’s name but both live there, name only the lease signer plus “and all other occupants” to cover the spouse under N.C.G.S. § 42-29.
A common mistake: Using nicknames like Mike or Liz. The sheriff may refuse to serve a summons that does not match a government ID.
A misconception: That you can leave minor children off and that adult roommates not on the lease do not matter. Adult occupants who are not on the lease still need to be named or served as additional defendants.
Section 1: The Defendant Is in Possession of Premises Described As
This section asks for the rental property address and description.
How to answer it: Write the full street address, unit number, city, county, and ZIP code. Add a brief description such as single-family home, 2-bedroom apartment, or mobile home lot #14.
A specific example: Janet writes 1402 OAK AVE APT 3B, RALEIGH, WAKE COUNTY, NC 27604 — 2-BEDROOM APARTMENT.
A nuance: For mobile home park lot evictions, list the lot number and note that you are ejecting from the lot, not the home itself, under N.C.G.S. § 42-14.3.
A common mistake: Leaving off the apartment number. The sheriff cannot execute a writ of possession without a unit identifier, and the writ will be returned unserved.
A misconception: That a tax parcel ID is enough. The court works off street addresses, not parcel numbers.
Section 2: The Defendant Entered Into Possession Under a Lease
This section captures the lease type, start date, rent amount, and due date.
How to answer it: Check the box for written or oral lease. Write the start date, monthly rent, and the day of the month rent is due.
A specific example: Maria checks written, writes 01/01/2025, $1,450.00, and the 1st day of each month.
A nuance: For week-to-week tenancies, write the weekly amount and the day of the week. The magistrate uses this to calculate prorated daily rent for any judgment.
A common mistake: Listing the rent net of a concession or discount. Magistrates expect the gross contract rent stated in the lease, not the discounted amount.
A misconception: That an expired lease becomes “no lease.” Under N.C.G.S. § 42-14, holdover tenants automatically convert to month-to-month at the same rent.
Section 3: Plaintiff Is Entitled to Immediate Possession Because
This is the grounds-for-eviction block, the heart of the complaint. There are checkboxes for the four statutory grounds.
How to answer it: Check only the grounds that apply, and fill in the supporting blanks under each.
A specific example: Marcus, suing for nonpayment, checks box 3a, writes April 2026 as the month rent was due, and $1,450.00 as the amount owed.
A nuance: You may check more than one box if more than one ground applies, but each ground triggers different proof requirements at trial.
A common mistake: Checking box 3a (nonpayment) when you really mean holdover. The magistrate must dismiss because you did not send a 10-day demand for the holdover ground.
A misconception: That you can add a new ground at the hearing. New grounds require an amended complaint and re-service.
Box 3a: Nonpayment of Rent
How to answer it: Check 3a, fill in the month or months unpaid, the rent amount, and confirm the 10-day demand was made.
A specific example: Aisha writes March 2026 and April 2026, $2,900.00 total, demand made 04/02/2026.
A nuance: If your lease contains a waiver of demand clause permitted by N.C.G.S. § 42-3, you can write “demand waived in lease ¶ 14.”
A common mistake: Skipping the demand entirely without a waiver clause. The case is dismissed at the hearing.
A misconception: That late fees and utilities count toward “rent.” Only contract rent counts unless the lease defines them as additional rent.
Box 3b: Breach of Condition for Which Re-entry Is Specified
How to answer it: Check 3b, identify the lease paragraph, and describe the breach in one or two sentences.
A specific example: Carlos writes Lease ¶ 9 — unauthorized pet (large dog) kept on premises since 02/15/2026.
A nuance: The lease must contain an explicit forfeiture or re-entry clause tied to that exact condition. A general “tenant shall comply with all rules” clause is not enough.
A common mistake: Citing a house rule that is not in the signed lease. The magistrate cannot enforce off-lease rules under 3b.
A misconception: That any breach is enough. Without a forfeiture clause, you must use 3c (holdover) instead.
Box 3c: Holding Over After End of Lease Term
How to answer it: Check 3c, write the lease end date, and confirm a written notice to vacate was given.
A specific example: Janet writes Lease ended 03/31/2026; 30-day notice to vacate served 02/26/2026.
A nuance: Month-to-month tenancies require a 7-day notice under N.C.G.S. § 42-14, but federally covered properties still need 30 days under the CARES Act.
A common mistake: Treating a fixed-term lease as automatically requiring no notice. Many leases auto-renew unless you serve notice of non-renewal.
A misconception: That holdover lets you skip the 10-day demand. It does — but only if you actually served the correct termination notice.
Box 3d: Criminal Activity or Other Activity in Violation of N.C.G.S. § 42-63
How to answer it: Check 3d and describe the activity, the date, and any police report or conviction.
A specific example: Maria writes Drug activity — Raleigh PD report #26-15432 dated 04/10/2026; arrest of guest on premises.
A nuance: You do not need a conviction. Sworn evidence of the activity is enough under the expedited eviction statute.
A common mistake: Vague descriptions like “drug stuff.” The magistrate will find the proof insufficient and deny possession.
A misconception: That marijuana activity still qualifies after state-level changes. Federal status under 21 U.S.C. § 812 keeps it actionable in NC.
Section 4: Money Damages Demanded
This section is where you ask for back rent, late fees, and damages.
How to answer it: Write the dollar amount in each blank: past-due rent, late fees, damages to the premises (if known), and per-diem rent until possession is restored.
A specific example: Marcus writes $2,900.00 past-due rent, $145.00 late fees, $48.33 per diem.
A nuance: The total cannot exceed $10,000 or the magistrate loses jurisdiction under N.C.G.S. § 7A-210. If your damages are higher, sue for possession only here and file a separate district court case for the overage.
A common mistake: Stacking attorney fees without a contractual basis. NC follows the American Rule, and fees are only recoverable if the lease says so under N.C.G.S. § 6-21.2.
A misconception: That you can claim future rent for the rest of the lease. Acceleration clauses are unenforceable in summary ejectment unless the lease has a survival clause and is properly pleaded.
Verification Block
The verification is a sworn statement that everything in the complaint is true.
How to answer it: Sign in the presence of the clerk, deputy clerk, magistrate, or notary. Print your name and title beneath the signature.
A specific example: Carlos signs Carlos M. Rivera, Managing Member, Oakwood Rentals LLC.
A nuance: An agent signing under N.C.G.S. § 7A-216 must attach the written authorization.
A common mistake: Signing at home and bringing it to the clerk. The verification must be sworn in front of an authorized officer or it is void.
A misconception: That a digital signature is fine. Most NC counties still require a wet signature on paper unless you e-file through NC eCourts.
Date and Signature of Plaintiff or Attorney
The final line captures the filing date and signature.
How to answer it: Print the date as MM/DD/YYYY and sign on the signature line. If an attorney files, include the NC Bar number.
A specific example: Janet writes 05/12/2026 and signs above her printed name and management company title.
A nuance: A second attorney from the same firm may sign for the lead, but the bar number listed must match the signer.
A common mistake: Dating the form earlier than the demand letter. The magistrate will see the demand was not actually 10 days before filing.
A misconception: That you can backdate to match the demand. Backdating is a verification violation and can lead to Rule 11 sanctions.
Three Filled-Out Examples Using Real Scenarios
Scenario 1: Marcus — Nonpayment of Rent on a Single-Family Rental
| Form Section | What Marcus Enters |
|---|---|
| County | MECKLENBURG |
| Plaintiff | MARCUS T. ELLIS, 88 PINE RD, CHARLOTTE NC 28202 |
| Defendant | DAVID R. JONES, 4410 ELM ST, CHARLOTTE NC 28205 |
| Section 1 — Premises | 4410 ELM ST, CHARLOTTE, MECKLENBURG COUNTY, NC 28205 — single-family home |
| Section 2 — Lease | Written lease, started 06/01/2024, $1,650.00, due the 1st |
| Section 3 — Grounds | Box 3a checked, April and May 2026 unpaid, $3,300.00, 10-day demand mailed 05/02/2026 |
| Section 4 — Damages | $3,300.00 rent + $165.00 late fees + $55.00 per diem |
| Verification | Signed before deputy clerk 05/14/2026 |
Scenario 2: Janet — Holdover After Lease Expiration
| Form Section | What Janet Enters |
|---|---|
| County | GUILFORD |
| Plaintiff | PIEDMONT PROPERTIES LLC c/o JANET WALKER, AGENT |
| Defendant | LINDA M. CARTER and all other occupants, 22 BIRCH LN APT 4, GREENSBORO NC 27401 |
| Section 1 — Premises | 22 BIRCH LN APT 4, GREENSBORO, GUILFORD COUNTY, NC 27401 — 1-BR apartment |
| Section 2 — Lease | Written, started 04/01/2025, $1,100.00, due the 1st, ended 03/31/2026 |
| Section 3 — Grounds | Box 3c checked, 30-day notice to vacate served 02/26/2026 |
| Section 4 — Damages | $1,100.00 holdover rent + $36.67 per diem |
| Verification | Signed before notary 05/05/2026 with agent authorization attached |
Scenario 3: Aisha — Breach of Condition (Unauthorized Occupants and Pet)
| Form Section | What Aisha Enters |
|---|---|
| County | DURHAM |
| Plaintiff | AISHA N. PATEL, 909 MAGNOLIA CT, DURHAM NC 27707 |
| Defendant | KEVIN J. BROOKS and all other occupants, 909 MAGNOLIA CT UNIT B, DURHAM NC 27707 |
| Section 1 — Premises | 909 MAGNOLIA CT UNIT B — 2-BR townhouse |
| Section 2 — Lease | Written, started 09/01/2025, $1,425.00, due the 1st |
| Section 3 — Grounds | Box 3b checked, Lease ¶ 11 — unauthorized occupant since 03/01/2026 and large unauthorized dog; forfeiture clause in ¶ 24 |
| Section 4 — Damages | $0 past rent + $47.50 per diem from judgment date |
| Verification | Signed before magistrate 05/18/2026 |
How to File the Completed Form
You file AOC-CVM-403 with the Clerk of Superior Court in the county where the property sits. There are three accepted filing channels in 2026.
In-person filing is the most common path. Take the signed complaint, the AOC-CVM-100 summons, your demand letter, and your filing fee to the clerk’s window during business hours, usually 8:30 a.m. to 5:00 p.m. The fee is $96 for the complaint under the NC Court Costs schedule, plus $30 per defendant for sheriff service. Counties accept cash, money order, or in-person card payments. The clerk hands you a stamped copy as proof of filing.
Mail filing is allowed but slower. Send the complaint, summons, and a check for the combined fees to the clerk’s office; the address for each county is listed on the Find Your Courthouse page. Processing usually takes 3–5 business days, and you will not get a hearing date until the file is opened. Keep your certified mail receipt as proof of filing.
Electronic filing is available in eCourts counties through NC eCourts. Upload the signed PDF, pay the fees by card, and receive an instant timestamp receipt. Processing is typically same-day, and the system auto-generates the summons.
After filing, the sheriff serves the tenant by personal service or, if that fails twice, by posting on the door under N.C.G.S. § 42-29. The hearing is set within 7 days of service.
What Happens After You File
Once the clerk opens the file, you are on the magistrate’s calendar. The hearing happens fast — North Carolina is one of the quickest eviction states in the country.
The sheriff serves the summons and complaint, the case is heard at the magistrate’s bench, and the magistrate enters judgment the same day. If you win, the tenant has 10 days to appeal to district court under N.C.G.S. § 7A-228. During those 10 days, the tenant stays in possession.
If the tenant does not appeal and does not move out, you ask the clerk to issue a Writ of Possession on Real Property, AOC-CVM-410, within 10 days after the appeal period ends. The sheriff then has 5 days to padlock the property under N.C.G.S. § 42-36.2.
If the tenant appeals, the case moves to district court for trial de novo. The tenant must pay rent into the clerk’s office during the appeal under the bond to stay rule. If they miss a payment, you can ask the clerk to issue the writ even while the appeal is pending.
Mistakes to Avoid When Filling Out the Form
- Skipping the 10-day demand — the magistrate must dismiss a nonpayment case where the demand was never sent.
- Wrong county — venue is mandatory and the case is dismissed if filed where the property does not sit.
- Mismatched tenant names — a name that does not match a government ID can cause the sheriff to refuse service.
- Missing apartment or unit number — the writ of possession is returned unserved when the address is incomplete.
- Checking the wrong grounds box — switching from holdover to nonpayment at trial is not allowed and you will lose.
- Adding ungrounded money damages — claiming attorney fees without a lease clause leads to a reduced judgment.
- Filing before the demand period expires — even by one day; the case is dismissed for prematurity.
- Wet-signing at home without an oath — an unsworn verification voids the entire complaint.
- Using an outdated form revision — clerks reject older versions on sight.
- Ignoring CARES Act 30-day notice — covered properties still need 30 days, and HUD rules apply on top.
- Missing SCRA certificate — magistrates routinely continue cases when the SCRA database printout is not in the file.
- Suing through the wrong entity — listing a property manager as plaintiff when the LLC is the owner is fatal to the judgment.
Do’s and Don’ts
Do’s
- Do download the current revision from the NC Courts site every time, because revisions change.
- Do send the 10-day demand by certified mail with a return receipt, since the green card is your proof at trial.
- Do name every adult occupant, because unnamed adults can stop the sheriff from executing the writ.
- Do keep a tidy rent ledger that matches Section 4 to the penny.
- Do verify the form in front of a clerk or notary, because an unsworn complaint is a void complaint.
- Do run an SCRA check on every adult tenant before you file, because military protection is automatic.
Don’ts
- Don’t backdate the signature to match the demand letter, because that is a verification fraud risk.
- Don’t check more than one grounds box unless you can prove each one separately.
- Don’t claim damages above $10,000 in small claims, because it kicks the case out for jurisdiction.
- Don’t accept a partial rent payment after filing without a written non-waiver, because partial payment can waive the breach.
- Don’t use a generic third-party form, because clerks will reject anything that is not the AOC version.
- Don’t serve the tenant yourself; only the sheriff can serve a summary ejectment summons in NC.
Pros and Cons of Filing on Your Own vs. With Help
Pros of Filing Pro Se
- Lower cost — you save attorney fees that often run $400–$800 per case in NC.
- Speed — pro se filings can be lodged the same day you decide to file.
- Direct knowledge — you know your tenant and lease better than anyone.
- Simple cases — straight nonpayment cases with a clean ledger are well within a landlord’s reach.
- Educational — going through the process once teaches you the rules for the rest of your portfolio.
Cons of Filing Pro Se
- Procedural traps — small mistakes on the demand letter or grounds box dismiss the case.
- No legal cover — you cannot rely on the magistrate to fix the form for you.
- Appeal risk — if the tenant appeals to district court, you face the NC Rules of Civil Procedure, which are unforgiving.
- Corporate restriction — corporations and most LLCs cannot appear pro se on appeal.
- Time cost — counting your hours, hiring counsel may actually be cheaper for busy landlords.
Comparing the Three Most Common Filing Channels
| Filing Channel | What It Looks Like in 2026 |
|---|---|
| In Person | $96 + $30 per defendant, cash/money order/card, same-day stamped copy from the Clerk of Superior Court |
| By Mail | Same fees by check, 3–5 day processing, certified mail receipt as proof of filing |
| NC eCourts (Odyssey) | Same fees by card, instant timestamp, available in eCourts counties |
Key Entities You Will Deal With
The Clerk of Superior Court is the office that opens your file, collects fees, and issues the summons. The magistrate is the judicial officer who hears the case in small claims court under N.C.G.S. Chapter 7A, Article 19. The sheriff’s civil division serves the summons and later executes the writ.
On the federal side, the U.S. Department of Housing and Urban Development governs subsidized housing rules, the CFPB enforces the CARES Act notice requirement, and the Department of Justice enforces the SCRA. The North Carolina Real Estate Commission supervises licensed property managers who file on behalf of owners.
Recent appellate decisions like Stanley v. Moore, 339 N.C. 717 (1995), bar retaliatory eviction when the tenant has complained to a code enforcement agency. The NC Residential Rental Agreements Act also limits evictions during habitability disputes, so landlords filing AOC-CVM-403 should make sure they are not within the 12-month retaliation window.
FAQs
Do I have to send a 10-day demand letter before filing for nonpayment?
Yes. Under N.C.G.S. § 42-3, the 10-day demand is required unless the lease contains a clear waiver clause. Without it, the magistrate must dismiss.
Can a property manager sign AOC-CVM-403 instead of the owner?
Yes. A non-attorney property manager may sign and file under N.C.G.S. § 7A-216 with written authorization from the owner attached to the complaint.
Do I write the tenant’s nickname or full legal name in the defendant box?
No. Always use the full legal name as it appears on a government ID. Nicknames can cause the sheriff to refuse service and void the judgment.
Should I check more than one grounds box in Section 3?
No. Check only the grounds you can prove. Stacking boxes increases your proof burden and gives the tenant more defenses.
Do I include late fees in the “monthly rent” line of Section 2?
No. Section 2 asks for the contract rent. List late fees separately under Section 4 damages.
Can I claim attorney fees on Form AOC-CVM-403?
No. Not unless your lease has a fee-shifting clause that complies with N.C.G.S. § 6-21.2.
Is the filing fee refundable if the tenant pays before the hearing?
No. The $96 court fee and $30 sheriff fee are non-refundable once filed, even if the tenant cures the default.
Do I need a separate complaint for each tenant on the lease?
No. Name all adult tenants on the same AOC-CVM-403, but pay the $30 sheriff fee for each defendant served.
Can I file AOC-CVM-403 electronically anywhere in North Carolina?
No. E-filing is only available in NC eCourts counties; non-eCourts counties still require paper filing.
Do I have to wait for the lease to end before filing for breach of condition?
No. Box 3b allows mid-lease eviction when the lease contains a forfeiture clause tied to the breach.
Can the tenant stop the eviction by paying everything owed before the hearing?
Yes. Under the right to cure in many leases and by judicial discretion, full payment plus court costs typically ends a nonpayment case before judgment.
Do I need to attach the lease to the complaint when I file?
No. Attaching the lease is not required at filing, but you must bring it to the hearing or the magistrate may deny the money judgment.
Does the CARES Act 30-day notice still apply in 2026?
Yes. The CARES Act § 4024(c) notice requirement remains in force for covered properties and was not repealed when the eviction moratorium expired.
What happens if the tenant is on active military duty?
No eviction proceeds without SCRA compliance. The magistrate must stay the case for at least 90 days under the Servicemembers Civil Relief Act.
Related reading
- How to Fill Out North Carolina Form AOC-CV-401 (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-300 (w/Examples) + 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