Quick Answer
North Carolina G.S. 42-46 allows three fees tied to a court case, and each one needs a written lease: a complaint-filing fee, a court-appearance fee, and a second-trial fee. You may keep only one of those fees for each complaint. Court filing costs, service of process costs, and some attorney fees are separate items that you may recover as out-of-pocket and litigation costs. Statute text last checked October 22, 2026.
Key Takeaways
- All three administrative fees require a written lease.
- Complaint-filing fee: The greater of $15.00 or 5% of monthly rent, when the tenant cures the default and you dismiss the complaint before judgment.
- Court-appearance fee: 10% of monthly rent, when you file, serve, and successfully prosecute a small claims complaint.
- Second-trial fee: Up to 12% of monthly rent, for a new trial after a tenant’s appeal, when you prove the default and prevail.
- One fee per complaint. You keep only one of the three.
1. The Complaint-Filing Fee
Subsection (e) applies when four things happened: the tenant defaulted, you filed and served a complaint, the tenant cured the default, and you dismissed the complaint before judgment. The ceiling is the greater of $15.00 or 5% of the monthly rent. On rent of $1,000, the percentage figure is $50.00, so $50.00 is the ceiling.
2. The Court-Appearance Fee
Subsection (f) allows a fee of 10% of monthly rent when you file, serve, and successfully prosecute a small claims complaint. If the magistrate’s judgment is vacated on appeal, the fee is vacated with it. Plan to record the judgment date and any appeal date in the file.
3. The Second-Trial Fee
Subsection (g) allows a fee of up to 12% of monthly rent for a new trial that follows a tenant’s appeal, when you prove the default and prevail. The statute treats this as a separate trigger from the first hearing, so keep the notice of appeal and the new-trial result in the file.
4. One Fee Per Complaint
Subsection (h) says you may keep only one of the fees in (e), (f), and (g) for each complaint. It also says these fees cannot be deducted from later rent and cannot be treated as a lease default in a later eviction. Provisions in a lease that conflict with § 42-46 are not enforceable. When rent is subsidized, the percentage is calculated on the tenant’s share only.
5. Out-of-Pocket Costs and Attorney Fees
Subsections (i) through (k) separate administrative fees from actual costs. You may recover court filing fees and the cost of serving process. Reasonable attorney fees that you actually paid or owe under a written lease may be recovered up to 15% of the amount owed, or 15% of monthly rent when the case is about a non-rent default. These costs may be included in the amount needed to cure a default. Keep receipts for each cost and put the receipts with the complaint.
6. A Checklist
- Confirm the lease is in writing and states the fees.
- Identify which one trigger applies: cure and dismissal, a successful small claims judgment, or a new trial after appeal.
- Calculate the figure from monthly rent, or from the tenant’s share if rent is subsidized.
- Keep filing receipts, service records, and attorney invoices in one folder.
- Send the tenant a dated itemization that separates fees from costs.
7. What This Guide Does Not Cover
This guide covers the post-filing fee rules in G.S. 42-46. It does not cover the late fee in subsection (a), which has its own guide, the eviction process itself, or tenant remedies. It states the statute and does not predict how a court will rule. The statute page has a formatting problem in subsection (i)(4), so read the official text on the General Assembly website for the exact wording.
8. Questions Owners Ask
Can I charge the filing fee and the court-appearance fee on the same complaint? No. Subsection (h) lets you keep one of the three fees for each complaint.
Can I take these fees out of next month’s rent? No. The statute does not allow the fees to be deducted from later rent.
Are court costs part of these fees? No. Court filing fees and service costs are recovered as out-of-pocket costs under the later subsections, and they are separate from the administrative fees.