OTHER NAMESNorth Carolina Notice to QuitNorth Carolina Notice to Vacate LetterNorth Carolina Notice to Pay Rent or QuitNorth Carolina Notice to Cure or QuitNorth Carolina Unconditional Quit NoticeNorth Carolina Immediate Notice to QuitNorth Carolina 3-Day Notice to QuitNorth Carolina 5-Day Notice to QuitNorth Carolina 6-Day Notice to QuitNorth Carolina 7-Day Notice to QuitNorth Carolina 10-Day Notice to QuitNorth Carolina 14-Day Notice to QuitNorth Carolina 30-Day Notice to QuitNorth Carolina Eviction Letter
What is a North Carolina Eviction Notice or Notice to Quit?
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.
When to use a North Carolina Eviction Notice:
You're a landlord, and you want to terminate the tenancy and remove the current tenant(s) from your property.
You own or manage a rental property, and want your tenants to either remedy their violation of a lease provision, or move out.
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Sample North Carolina Eviction Notice
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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 WITHINTEN (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 withindays 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 withindays 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.
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.
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.
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North Carolina Eviction Notice FAQs
Can I legally evict my tenant for unpaid rent in North Carolina?
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.
Why would I use an Eviction Notice in North Carolina?
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:
The tenant is routinely late to pay their rent or they are behind on payments
The tenant is using your property for an illegal business
The tenant gets a dog or cat and the lease contains a no-pets policy
The tenant brings on a subletter in violation of the agreement
The tenant has caused material damage to the unit
The tenant harasses or disturbs the quiet enjoyment of their neighbors
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.
How is a North Carolina Notice to Vacate normally structured?
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:
The address and description of your property
The legal name of each tenant
How much time the tenant has to resolve the situation
How many past due rent payments should be made (if relevant)
Which clauses in the lease have not been upheld
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.
How will North Carolina eviction laws impact me as a property owner?
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.
Where can I prepare a North Carolina Eviction Notice template online?
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.
What would I usually have to pay to get a lawyer's help with evicting a tenant in North Carolina?
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 Rocket Lawyer network attorney.
How long does it take to go through the North Carolina eviction process?
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:
Overdue rent: 10-day notice
Non-compliance with terms: No notice is required by law
No fault of tenant: 7-day notice
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.
Should I work with a lawyer when evicting someone in North Carolina?
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.
Are there any additional steps that I will need to take once I draft a Notice of Eviction/Notice to Quit in North Carolina?
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:
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)
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.
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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