North Carolina Eviction Notice Forms (3)

• Rent Grace Period: 5 days to assess late fees.^[1]
• Non-Payment of Rent: 10 days.^[2]
• Non-Compliance: None.^[3][4]
• Illegal Activity: None. ^[3]
• Substantial Damage to Property: 10 days.^[5]
• Termination (Month-to-Month Lease): 7 days.^[6]
• Filing an Eviction: Summary Ejectment.^[7]

Utility Shutoff – A landlord may not force a tenant out of their home by shutting off utility services.^[8]

Changing the Locks – A landlord may not force a tenant out of their home by changing the locks or removing the door.^[8]

Complaint In Summary Ejectment – This form is used by the landlord to open an eviction case against a tenant and must be filed with the court associated with the location wherein the property is located.

Summons – Once a complaint has been filed, this document will be served to the tenant with proof of service. The Summons states the case being made against the tenant and gives them the opportunity to appear in court to fight the action.

Writ of Possession – If the tenant refuses to vacate the property, the landlord will need to obtain this form from the court to request the removal of the tenant.

The first step in having a tenant removed is to make sure you have provided requisite notice and have waited the designated period before you take any other steps:

• Immediate Notice to Quit (Non-Compliance)
• 7-Day Notice to Quit (Month to Month)
• 10-Day Notice to Quit (Non-Payment of Rent)

If the tenant continues to reside on the premises after notice without correcting the issue, the landlord may proceed to file a Complaint for Summary Ejection in the Local County Court in which the property is located. Once the landlord has filed the document and paid the filing fee of $96,^[9] the court will issue a summons.

The Summons and Complaint will be served on the tenant by the sheriff’s department, and the tenant will have to be in court no later than 10 days from the date of service.

The tenant and landlord must appear in court on the designated date. If the tenant fails to appear, there will be a judgment in favor of the landlord. If the landlord fails to appear, the case will be dismissed.

If there is a judgment for the landlord, it is called a Judgment for Possession, and the tenant has 10 days to appeal or move out. If the tenant continues in possession, the landlord may seek a Writ of Possession, which will authorize the sheriff to remove the tenant.