Updated December 10, 2022
A North Carolina eviction notice is a document sent to a tenant indicating a recent lease violation that must be cured or else face possible eviction. The landlord will send the letter to the tenant by either handing it in person, sending certified mail, or posting it at the residence. The tenant will have the statutory number (#) of days to respond or fix the issue. If the tenant does nothing then the landlord will be able to file an eviction proceeding (Summary Ejection) in the Local County Court.
By Type (3)
Immediate Notice to Quit (Non-Compliance) – This form is for use when a tenant has damaged the property and the landlord seeks to have the tenant leave immediately.
Download: Adobe PDF, MS Word (.docx), OpenDocument
7-Day Notice to Quit (Month-to-Month Tenancy) – This form is for use when the landlord seeks to end a month-to-month tenancy.
Download: Adobe PDF, MS Word (.docx), OpenDocument
10-Day Notice to Quit (Non-Payment of Rent) – This form is for use in the event the tenant fails to pay rent. The tenant has 10 days to pay or move out.
Download: Adobe PDF
Table of Contents |
Eviction Laws
- Rent Grace-Period: 5 days to assess late fees. § 42-46 (a)
- Non-Payment of Rent: 10 days. § 42-3
- Non-Compliance: None. § 42-26(a)(2) and § 42-27
- Illegal Activity: None. § 42-26(a)(2)
- Substantial Damage to Property: 10 days. § 42-12
- Termination (Month-to-Month Lease): 7 days. § 42-14
- Filing an Eviction: Article 3 (Summary Ejectment)
Court Forms
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.
When is Rent Due
In North Carolina, rent is due on the day that is set forth in the lease agreement between tenant and landlord.
How to Evict (Process)
Step 1 – The first step in having a tenant removed is to make sure you have provided requisite notice and have waited the designated time 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)
Step 2 – If the tenant continues to reside on the premises after notice and/or the rent hasn’t been paid, 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 fees, 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 ten days from the date of service.
Step 3 – 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.
Step 4 – If there is a judgment for the landlord, it is called a Judgment for Possession and the tenant has ten 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 have the tenant removed.
How To Write (Notice To Quit)
1 – Review Background Paperwork
You will need a copy of the North Carolina Lease in effect and the North Carolina Notice To Quit. This form is accessible using the buttons below the document image. Each button is labeled according to file type.
2 – Download the Appropriate File Type
The North Carolina Notice To Quit is accessible by clicking on one of the three buttons associated with the document image on this page. Each button will allow access to the file type of its namesake.
3 – Report Addressee Identity
The Name of the individual, or individuals, this Notice must inform should be entered on the blank line immediately beneath the title.
4 – Record the Leased Property Address
The Leased Property Address may be found on the Rental Agreement the Lessor and Lessee have signed concerning the Property this Notice is focused on. Use the blank spaces following the terms “City of,” “County of,” “Zip Code,” “number and street” and “Apt” to report this location.
5 – Transcribe Lease Signature Date
The Signature Date on the Lease, when the Lessor and Lessee officially agreed to its terms and conditions, will need to be reported in the second sentence of this page. This will establish the Lease being referred to as the subject of the basis of this Notice.
6 – Define the Required Tenant Action
The series of statements bearing check boxes serve as a method of quickly defining the Notice that must be served. Select the Statement that best applies to the situation calling for this Notice.
The check box bearing the Nonpayment Notice will inform the Tenant he or she has Ten Days to pay the Overdue Rent he or she owes or return possession of the premises to the Landlord. You must Name and Authorized Agent as an alternate receiver of this payment, the Dollar Amounts Owed, and the Rental Period that must be paid for by the Tenant if he or she intends to retain the Rented Property.
The check box bearing the Noncompliance Notice will inform the Tenant he or she needs to immediately correct a Violation of the Lease Conditions or return possession of the Rented Property to the Landlord. The Offense that has caused this Notice must be defined on the blank line in this statement.
7 – End a Month To Month Tenancy
The check box bearing the Month To Month Tenancy Notice from the Landlord will inform the Tenant that he or she must vacate the premises (at least) Thirty Days from the receipt of this document since the month to month agreement will expire on the Date you enter into the spaces in this statement.
The check box bearing the Month To Month Tenancy Notice from the Tenant will inform the Landlord that he or she will have possession of the Rented Property returned as of the Date you list as the Termination Date in this statement. This must be the exact date you expect the agreement to be terminated and must provide at least Thirty Full Days’ Notice to the Landlord of the Termination Date.
8 – Landlord Notice of Intent
If the Notice To Quit is being issued by the Landlord or Landlord Agent of the Property then he or she must provide a Signature on the blank line labeled “Landlord/Agent Signature.”
9 – Verify Delivery
The final section of this document, “Certificate of Service,” must be completed at the time of Delivery by an entity acting as a Delivery Agent for the issuer of this documentation. This entity will need to provide the Delivery Date, initial Recipient Name, and the method of Delivery. The Method of Delivery will be defined by the check box statement selected by the Agent. Statements defining Delivery will be: “delivering it personally…,” “delivering it on the premises…,” and “first-class mail addressed to the person…” The Agent of Delivery must then certify these statements are true by Signing his or her Name on the Signature Line.
