Updated August 21, 2023
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.
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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.
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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.
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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 (4 steps)
- Provide Notice to Tenant
- File Complaint with Court / Serve Tenant
- Attend Court Hearing
- Receive Court Judgment
2. File Complaint with Court / Serve Tenant
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.
4. Receive Court Judgment
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.