The North Carolina eviction notice forms are used as the first step in the North Carolina eviction process. In the event that the landlord is planning to evict tenant for non-payment of rent, the notice must demand the rent, and give the tenant 10 days to pay it before a “Summary Ejectment” complaint, also known as an Eviction is filed. After the landlord has given the tenant proper notice and has waited out the notice period, the landlord may then proceed to the Court Location in which the property is located and file a “Summary Ejectment” case to evict the tenant. The Landlord may use the Complaint Form. The court will issue a Summons once the Complaint is filed. If landlord prevails, the court will issue a Judgment for Possession. If the tenant still remains in possession, the landlord can ask and file a Writ of Possession.
Table of Contents
Immediate Notice to Quit (Non-Compliance) – This form is for use when a tenant has damaged the property and landlord seeks to have the tenant leave immediately.
7-Day Notice to Quit (Month to Month) – This form is for use when the landlord seeks to end a month to month tenancy.
10-Day Notice to Quit (Non-Payment of Rent) – This form is for use in the event tenant fails to pay rent. The tenant has 10 days to pay or move out.
In North Carolina, rent is due on the day that is set forth in the lease agreement between tenant and landlord.
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 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 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 tenant by the sheriff’s department and tenant will have to be in court no later than ten days from date of service.
Step 3 – The tenant and landlord must appear in court on the designated date. If tenant fails to appear, there will be a judgment in favor of the landlord. If 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 tenant has ten days to appeal or move out. If the tenant continues in possession, landlord may seek a Writ of Possession which will authorize the sheriff to have the tenant removed.
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 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.