Notify tenant of intent to evict in North Carolina: North Carolina Eviction Notice
What we’ll cover
What is a North Carolina Eviction Notice or Notice to Quit?
If you own or manage residential property in North Carolina, you can create a North Carolina Eviction Notice to notify renters of impending legal action if they do not comply with the terms of the lease agreement or leave the property when lawfully asked to do so.
With North Carolina Eviction Notices, you can enforce your terms, while still giving your tenant(s) time to address the issue before a specific deadline. That said, in some instances, there won't be any resolution, and going to court is inevitable.
Our Eviction Notice for North Carolina can be used for residential property within the Tar Heel State. If rent control or local laws complicate your tenant eviction, you may want to consult a Rocket Legal Pro™.
When to use a North Carolina Eviction Notice:
- Your tenant has failed to pay the rent.
- Your tenant has violated a provision of the lease or rental agreement.
- Your tenant materially damaged the property.
- Your tenant is a nuisance or has caused trouble among other tenants.
- Your tenant has used the property for illegal activity.
- You wish to end a periodic tenancy (such as month-to-month).
- The lease has expired and the tenant has remained on the property.
Please note: you may never forcibly evict a tenant without going through the formal tenant eviction process.
Sample North Carolina Eviction Notice
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Complies with relevant laws
10 DAY DEMAND FOR RENTNOTICE TO QUITDEMAND FOR COMPLIANCE OR POSSESSION
, North Carolina
TO TENANT(S) AND ALL OTHERS IN POSSESSION OF THE PREMISES LOCATED AT:
, , North Carolina
PLEASE TAKE NOTICE that pursuant to the lease and/or rental agreement dated under which you hold the possession of the herein described premises there is now due unpaid and delinquent rent in the total sum of , representing rent due for the period from to .
PLEASE TAKE FURTHER NOTICE that within TEN (10) days after service of this notice, you are hereby required to pay the above-listed amount in full OR quit the subject premises, move out, and deliver up possession of the same to . Failure to pay the rent in full OR vacate the premises WITHIN TEN (10) days as required by this notice will result in forfeiture of the lease and/or rental agreement and will institute a Summary Ejectment against you to recover rent, damages and possession of said premises. The final date by which you must pay rent in full or vacate the premises is .
PLEASE TAKE NOTICE that you have violated the following term(s) in your lease and/or rental agreement dated : .
PLEASE TAKE FURTHER NOTICE that within days after service of this notice, you are hereby required to perform the aforesaid covenant(s) OR quit the subject premises, move out, and deliver up possession of the same to . Failure to perform the aforesaid covenant(s) OR vacate the premises WITHIN days as required by this notice will result in forfeiture of the lease and/or rental agreement and will institute a Summary Ejectment against you to recover rent, damages and possession of said premises. The final date by which you must perform the aforesaid covenant(s) or vacate the premises is .
PLEASE TAKE NOTICE that your tenancy under which you hold the possession of the herein described premises is hereby terminated as of the date TWO (2) SEVEN (7) THIRTY (30) days after the service of this NOTICE upon you. YOU ARE HEREBY required to quit and surrender possession thereof to on or before the date TWO (2) SEVEN (7) THIRTY (30) days after service of the NOTICE upon you. Failure to do so will result in forfeiture of the lease and/or rental agreement and will institute a Summary Ejectment against you to recover rent, damages and possession of said premises. The final date by which you must quit and surrender possession of the premises is .
PLEASE TAKE NOTICE that the lease and/or rental agreement under which you hold the possession of the herein described premises has expired as of .
PLEASE TAKE FURTHER NOTICE that within days after service of this notice, you are required to quit and deliver up possession of the premises to on or before that date. Failure to do so will result in forfeiture of the lease and/or rental agreement and will institute a Summary Ejectment against you to recover rent, damages and possession of said premises. The final date by which you must quit and surrender possession of the premises is .
THIS IS INTENDED AS TWO (2) SEVEN (7) THIRTY(30) DAY NOTICE FOR THE PURPOSE OF TERMINATING YOUR TENANCY. THIS NOTICE IS IN ACCORDANCE WITH NORTH CAROLINA GENERAL STATUTE § 42-14.
THIS IS INTENDED AS A DAYS NOTICE FOR THE PURPOSE OF TERMINATING YOUR TENANCY. THIS NOTICE IS IN ACCORDANCE WITH NORTH CAROLINA GENERAL STATUTE § 42-26.
THIS IS INTENDED AS A TEN (10) DAY NOTICE FOR THE PURPOSE OF DEMANDING RENT BE PAID. THIS NOTICE IS IN ACCORDANCE WITH NORTH CAROLINA GENERAL STATUTE § 42-3.
LANDLORD RESERVES ALL THE RIGHTS AND REMEDIES PROVIDED UNDER THE RENTAL AGREEMENT AND UNDER APPLICABLE LAWS OF THE STATE OF NORTH CAROLINA INCLUDING BUT NOT LIMITED TO DAMAGES FOR UNPAID RENT OR PROPERTY AND NOTHING IN THIS NOTICE MAY BE CONSTRUED AS A WAIVER OF SUCH RIGHTS AND REMEDIES.
| Dated: |
| By: | ______________________________ |
| , |
North Carolina Eviction Notice Checklist
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___Sign this document. This document needs to be signed by:
___Everyone gets a copy. Each tenant named in the document should receive an individual copy of the signed notice.
___Serve the document. Deliver a copy of the notice and sign the Affidavit of Service or hire a certified process server to legally serve the tenant(s). Make sure the service of the notice complies with North Carolina state law. North Carolina has specific service requirements that must be met for the notice to be legally effective. If you have chosen to serve on your own behalf, create an Affidavit of Service at RocketLawyer.com upon completion of service.
Important Details
You may never forcibly evict a tenant without going through the formal tenant eviction process.
If the tenant(s) remain in possession of the property after the notice has expired, you can then proceed with a formal eviction case (also known as a Summary Ejectment) in local court. However, the eviction process is a large expense and you should try to work it out with the tenant(s) whenever possible.
If after the notice is delivered, and the tenant has not complied with the notice (either paid rent, fixed the violation, or vacated the property), then the landlord can go to the local court and file a Summary Ejectment (also known as an eviction) in the small claims division of the civil court. A Summary Ejectment is a lawsuit against the tenant in which the landlord asks the court to issue an order to remove the tenant from the property.
About Eviction Notices in North Carolina
Learn about how to notify tenant of intent to evict in North Carolina
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Different types and reasons for evictions in North Carolina
REASON FOR EVICTION
TYPE OF NOTICE
NUMBER OF DAYS FOR NOTICE
LAWS
Nonpayment of rent
“North Carolina 10-Day Demand for Rent”
10 days’ notice
General Statutes of North Carolina, Chapter 42 Landlord and Tenant, Article 1 General Provisions
Violation of lease or rental agreement (no opportunity to cure)
“North Carolina Notice to Vacate”
Landlord’s choice
General Statutes of North Carolina, Chapter 42 Landlord and Tenant, Article 1 General Provisions
Violation of lease or rental agreement (with opportunity to cure)
“North Carolina Demand for Compliance or Possession”
Landlord’s choice
General Statutes of North Carolina, Chapter 42 Landlord and Tenant, Article 1 General Provisions
Termination of weekly periodic tenancy
“North Carolina Notice to Vacate”
2 days’ notice
General Statutes of North Carolina, Chapter 42 Landlord and Tenant, Article 1 General Provisions
Termination of monthly periodic tenancy
“North Carolina Notice to Vacate”
7 days’ notice
General Statutes of North Carolina, Chapter 42 Landlord and Tenant, Article 1 General Provisions
Termination of yearly periodic tenancy
“North Carolina Notice to Vacate”
30 days’ notice
General Statutes of North Carolina, Chapter 42 Landlord and Tenant, Article 1 General Provisions
Lease holdover
“North Carolina Notice to Vacate”
Landlord’s choice
General Statutes of North Carolina, Chapter 42 Landlord and Tenant, Article 1 General Provisions
Regardless of the type of notice you need, we can help you build it. Get started now!
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Requirements, liabilities, and tenant protection for evictions in North Carolina
EVICTION NOTICE REQUIREMENTS IN THE CASE OF: NONPAYMENT OF RENT
In leases with a set rent payment date, if the tenant fails to pay rent within 10 days after the landlord demands past-due rent, the lease is automatically forfeited. The landlord can then evict the tenant without having to declare the forfeiture or reserve the right of reentry in the lease. (N.C. Gen. Stat. § 42-3)
EVICTION NOTICE REQUIREMENTS IN THE CASE OF: NONCOMPLIANCE
A tenant who stays in the rental property without permission after being asked to leave can be removed if they have done something or failed to do something that, according to the lease terms, ends their right to stay. (N.C. Gen. Stat. § 42-26)
NOTICE REQUIREMENTS AND LANDLORD LIABILITY REGARDING PERSONAL PROPERTY
Before removing a tenant's personal property, the sheriff must notify the tenant of when the removal will happen. The tenant must be informed that if they do not claim their property within seven days, it might be thrown away, disposed of, or sold. (N.C. Gen. Stat. § 42-36.2; N.C. Gen. Stat. § 42-25.9)
TENANT PROTECTION REGARDING FORECLOSURES
If the property is residential with fewer than 15 rental units, a notice of sale must be mailed to any resident with a rental agreement at least 20 days before the sale date. (N.C. Gen. Stat. § 45-21.17(4))
MORE RELEVANT LAWS
N.C. Gen. Stat. § 42-3; N.C. Gen. Stat. §§ 42-25.6 through 42-37.3; N.C. Gen. Stat. §§ 42-59 through 42-76; N.C. Gen. Stat. § 45-21.17.
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How to write a North Carolina Eviction Notice
Below is a list of details you may need when preparing a North Carolina Eviction Notice. Not all items will apply to every situation. Any documents related to the rental agreement, lease violation, including any late rent notices or proof of lease violation, will also be helpful.
1. Start with the rental addresses
Addresses of the rental property and landlord or property management company.
2. List all tenant names
Every tenant listed on the Lease Agreement, pays rent, or lives there must be included in the notice.
3. Include the status and date of the Lease Agreement
Whether the lease is still active or not, or if there is a lease at all.
4. Detail the reason that the notice is being served
Landlords should always refer to state laws regarding evictions to make sure they have a legally valid reason to evict a tenant. The reason for the eviction will determine the type of notice being delivered.
Review each provision in the lease or rental agreement. If you are evicting tenants for unpaid rent, determine the amount of unpaid rent, if any. If you are evicting tenants for lease violations, determine violations of the lease or rental agreement, if any. Including documentation and the original lease agreement is also a good idea.
Remember, you will need to confirm that any policies and terms referred to in the Eviction Notice are actually present in the fully executed rental contract or lease agreement.
5. Provide the number of days for the notice period
The Eviction Notice should clearly spell out how much time the tenant has to resolve the situation before further legal action is taken. Rocket Lawyer can help you determine how much notice is required for your state and situation and build the right type of Eviction Notice.
6. Attach the proof of service
When using a proof of service to document the delivery of an Eviction Notice, the serving party should sign the document at the time of delivery. In North Carolina, this is often called an Affidavit of Service.
Luckily, you don't need to start from scratch when making a North Carolina Eviction Notice with Rocket Lawyer. Just answer a few simple questions and we’ll build the right eviction notice for the situation, as well as help with next steps on how to serve your Eviction Notice.
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The eviction process in North Carolina: what happens after making an Eviction Notice?
Now that you have made your North Carolina Eviction Notice with Rocket Lawyer, you might be wondering: what now?
The next step is to serve it. You must sign the notice before serving it on the tenant(s) – and there are a few methods for serving the notice:
- Send it through certified mail with a return receipt (if dictated by the lease).
- Use a professional process server.
- Deliver it by hand (if dictated by the lease).
Please remember that "self-help" or "DIY" evictions are illegal in North Carolina. Landlords shouldn't throw out belongings, shut off utilities, change the locks, or in any way attempt to intimidate tenants in an effort to force them to move. Taking the appropriate lawful actions before and throughout the eviction process is critical to removing tenants successfully under a court order.
What happens after the notice period?
If a tenant does not pay rent or move out after the notice period, the landlord can choose to file an eviction lawsuit, also known as a Summary Ejectment.
What are some essentials throughout the eviction process?
As you prepare to file for an eviction, it is always a good idea to work with a lawyer. An attorney with experience in evictions can answer your questions and help make sure you follow local laws and processes. Also, outside of reviewing your Eviction Notice document, your lawyer can help you prepare and argue your case once it goes in front of a judge.
In order to assemble all of your records for your lawyer, you may want to fill out an Eviction Process Worksheet. This document provides basic information about your tenant and their violation(s) of your rental agreement. You can also attach documentation, including a copy of the lease, photographs of the damage, repair estimates, written statements of witnesses, police reports, and other records to support your case.
If you need to move forward with legal action after delivering the Eviction Notice, you will need to file your lawsuit properly with the local courts. The North Carolina website can tell you which documents you will need to file and what the fees might be – or you can ask a lawyer to get started and find an attorney in your state. A local lawyer with experience in evictions can help you navigate the process efficiently.
North Carolina Eviction Notice FAQs
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Do I need an Eviction Notice in North Carolina?
Generally speaking, yes, if you wish to remove a tenant from your North Carolina rental property, you must always provide them with a Notice of Eviction first to start the process.
Some of the most common situations in which you might need one include:
- The tenant is habitually late to pay their rent or they are behind on payments.
- The tenant has caused substantial damage.
- The tenant harasses or disturbs the quiet enjoyment of their neighbors.
- The tenant is using your property for an illegal business.
- The tenant gets a dog or cat and the rental contract forbids pets.
- The tenant sublets their unit in breach of the agreement.
Outside of these violations, a renter may also be evicted for reasons unrelated to anything they’ve done wrong – like when the property owner needs to move back in.
Please note that the list above isn't exhaustive and that the acceptable reasons for evicting a tenant may be a little different from place to place. If you've got any concerns about North Carolina eviction laws, reach out to a Rocket Legal Pro™.
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Do I need a lawyer if I am evicting someone in North Carolina?
While you can choose to make a North Carolina Eviction Notice without support from a lawyer, many landlords find having a lawyer available for questions and consultations extremely helpful.
A Rocket Legal Pro™ with experience in landlord-tenant matters can help you with evictions, or any other issues that may arise. A Rocket Legal+ membership provides significant discounts on Pro Services, including attorney consultations, and unlimited customizable and e-signable rental documents, at an incredibly low price.
As a property owner or manager, you can be confident that Rocket Lawyer is by your side.
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How do North Carolina eviction laws affect me as a rental property owner?
Laws change depending on where you (and your property) are. The notice periods in North Carolina, for example, might be different from the ones in other states – in fact, there might even be differences between counties and cities. All the ways the document may be served to the tenant also vary.
This is all to say that the eviction process and restrictions can be complicated to navigate, particularly when keeping in mind state-specific requirements. As a result, it is strongly recommended that every property owner connect with a lawyer when making a Notice of Eviction in North Carolina - or anywhere else - to any tenant.
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How do I create a North Carolina Eviction Notice template for free?
Don’t worry – you don’t have to make it all on your own: you can use the document tools on Rocket Lawyer to make a North Carolina Eviction Notice for free. All you have to do is answer a few simple questions and we will put together a customized notice for you, piece by piece, and with all the details customized to your situation. This is often much less time-consuming than other solutions.
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How is a North Carolina Notice to Vacate structured?
That might change a little depending on the type of Eviction Notice you may need. However, some information must always be provided. Before getting started, you might want to gather the following critical details:
- The address and description of the property.
- The renter's contact information.
- How many past due rent payments should be made (if any) to bring the tenant into compliance with the lease or rental agreement.
- Which of the lease clauses have been violated (and a copy of the Lease Agreement, in this case).
- How much time the tenant has to resolve the situation.
In the event that the tenant isn't at fault, you may want to provide more context. Further customization is permitted as well. You'll need to confirm that all of the policies and terms mentioned in the North Carolina Eviction Notice are present in the fully executed rental contract.
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How much might it normally cost to evict a tenant in North Carolina?
The cost of an eviction varies widely depending on your location and the specifics of the situation. Some things to consider are the cost of filing court documents, legal fees, the value of unrecovered payments, storage or cleaning fees, as well as the money and time spent finding a replacement tenant.
A Rocket Legal+ membership provides savings for some of these expenses, including unlimited customizable and e-signable rental documents, significant discounts on Pro Services, and ongoing support for your rental property business.
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How long does it take to complete the North Carolina eviction process from beginning to end?
The duration of the eviction process for North Carolina tenants will usually depend on the notice period required, as well as the lawsuit period if you proceed with one.
Below, you'll find a basic explanation of North Carolina notice periods to get you started:
- Overdue rent: 10-day notice.
- Non-compliance with terms: no notice is required by law.
- No fault of tenant: 7-day notice.
If the tenant decides to leave before the notice period ends - which is common - the process actually becomes a lot shorter.
If that doesn’t happen, when your notice period is over, the actual eviction may take anywhere from 1 to 3 months. Please note that with certain kinds of housing, for instance where rent is subsidized, the mandated notice period is often even longer.
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What are my next steps after I have made an Eviction Notice/Notice to Quit in North Carolina?
After making a North Carolina Eviction Notice, the next step is to serve it. You may read more about the eviction process in North Carolina and everything that follows here.
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What happens after the given notice period is over in North Carolina?
If a tenant does not pay rent after being given a notice, the landlord can choose to file an eviction lawsuit, also known as a Summary Ejectment.
A Summary Ejectment is a process unique to North Carolina. A Summary Ejectment is what landlords file with the courts to start the formal eviction process. If you've attempted to work with your tenants and have properly given them notice, the next step is to ask the court clerk for a Complaint form to file a Summary Ejectment case. In North Carolina, this process is handled in the small claims or the district court (if under $10,000 is owed).
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What is a Summary Ejectment?
A Summary Ejectment is a process unique to North Carolina. A Summary Ejectment is what landlords file with the courts to start the formal eviction process. If you've attempted to work with your tenants and have properly given them notice, the next step is to ask the court clerk for a Complaint form to file a Summary Ejectment case. In North Carolina, this process is handled in the small claims or the district court (if under $10,000 is owed).
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