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Making a North Carolina Eviction Notice
Typically, the purpose of a North Carolina Eviction Notice is to communicate to renters about impending legal action if they are not able to adhere to the terms of their lease agreement or do not leave the property as requested. Creating this notice can help to lower the likelihood of time-consuming and costly court appearances in the future. That said, in some cases, there will be no resolution, and going to court is inevitable. Appropriate for all residential property types, this Eviction Notice for North Carolina can be used by landlords with tenants in Greensboro, Raleigh, Charlotte, and in all of the other towns within the Tar Heel State.
Generally speaking, yes. You can use a North Carolina Eviction Notice (more specifically called a 10-Day Notice to Pay Rent or Quit [Demand for Rent]) to initiate the process. That said, due to the COVID-19 pandemic, there are a few protections in place for tenants who can't pay rent. Despite the fact that the federal eviction moratorium was blocked by the Supreme Court, the state and municipal governments in North Carolina have the authority to maintain their own regulations for evictions. Stay up to date with the ask a lawyer, if you remain unsure.
If you wish to evict a tenant in North Carolina, it can be helpful to deliver a Notice of Eviction as a first step. Even if it isn't always legally required, this document can help you avoid going to court (as long as the tenant will comply.) Some of the most common situations in which you might want to use one are:
In addition to violations, a renter generally may be evicted by a property owner for reasons that are not connected to a fault of their own. For instance, if the property owner wishes to move back in. Please note that this list isn't totally exhaustive and the permitted reasons for evicting a tenant can vary by municipality, among other factors. If you are having any doubts or questions with regard to North Carolina eviction laws, you can always connect with an attorney.
You can click "Make document" to check out our North Carolina Eviction Notice sample and preview the questions that you will need to answer to create your eviction letter. In order to make your NC Notice to Vacate, you usually will need the following details:
In the event that your tenant isn't at fault for the eviction, you have the ability to add more context since the decision might be unexpected. With the document tool, you have the power to add further personalized editing, as well. It is important to make sure that the policies and terms referred to in the Eviction Notice are actually spelled out in the fully executed lease contract.
The law can change over time and the eviction process and guidelines can be relatively complicated. In certain instances, there can be different notice periods or other requirements depending on how long the tenant has lived in the unit and what the reason is for eviction. With that in mind, it's strongly recommended that you reach out to a local eviction attorney when drafting a Notice of Eviction to any tenant.
North Carolina Eviction Notice Laws: N.C Gen Stat. Sect. 42-14
Rocket Lawyer document templates are drafted and vetted with care by attorneys and legal staff, which means that you can feel confident when using them to handle legal matters. Simply tell us a bit more about your situation through our guided interview process, and we'll handle the rest. This solution is, in many cases, notably more affordable and convenient than finding and hiring the average law firm.
If you wish to understand what the total cost of an eviction would be, you'll need to consider the court fees associated with filing the lawsuit, attorney fees, the value of unrecovered rent payments, storage and/or cleaning fees, and the money and time you will spend on finding replacement tenants. The good news is you will not need to pay hundreds of dollars to get a Notice of Eviction drafted. When using Rocket Lawyer, you aren't just filling out an eviction template. In case you ever require assistance from a lawyer, your membership provides up to 40% in savings when you hire an On Call attorney.
The duration of the eviction process for North Carolina renters is partially determined by the amount of notice required, in addition to the overall volume of proceedings that are being held simultaneously. Here's an overview of North Carolina notice periods:
After the notice period is over, the actual eviction can still take anywhere from 1 to 3 months. It is important to note that in particular kinds of housing, including where rent is subsidized by the government, the mandated notice period may be longer.
While it is doable to produce a Notice of Eviction without assistance, most rental property owners who end up going to court have legal representation. Getting a second pair of eyes on the document can take a long time if you do it alone. An easier approach could be through the Rocket Lawyer On Call® network. Premium members are able to request guidance from an attorney with real estate experience or pose other legal questions. As a property owner, you can Work Confidently® with Rocket Lawyer by your side.
Once you have completed your North Carolina Eviction Notice using Rocket Lawyer, you'll be able to see it anytime, on any device. With a Rocket Lawyer membership, you can edit it, download it as a PDF document or Word file, make a copy of it, and print it when needed. You will need to sign and date it before serving it on the tenant(s). You have several options available for serving a notice:
It is important to remember that "DIY" evictions are illegal. Landlords cannot shut off utilities, padlock the doors, throw out property, or in any way harass their tenants in order to make them move out. Acting lawfully before and throughout the eviction proceedings is critical to removing tenants successfully under a court order.
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).