Download North Carolina Eviction Notice Templates [PDF]

Discover the essential steps for issuing a North Carolina eviction notice with our helpful guide and reliable eviction notice templates!

Last update: 20 Feb 2024

Download North Carolina Eviction Notice Templates [PDF]

A North Carolina eviction notice is a legal document that serves as the first step in the process of evicting a tenant from a rental property. In the state of South Carolina, landlords may use an eviction notice to start the eviction process if a tenant has violated the terms of their lease agreement or if they have failed to pay rent on time.

Tenants who receive an eviction notice for a minor lease violation or failure to pay rent may have options to remedy the situation and avoid eviction, while in other circumstances, such as criminal activity on leased property, the tenant will not have an opportunity to fix the breach.

Types of Eviction Notices in North Carolina

North Carolina landlords have a range of eviction notice types at their disposal to address different lease violations, namely:

Notice to Pay Rent or Quit

Landlords can issue this type of notice to tenants who have not paid rent within ten days of receiving a demand from the landlord for past-due rent. If the tenant fails to pay the overdue rent or vacate the premises within a specific timeframe, the landlord can repossess the property without any other legal obligations toward the tenant.

Non-Compliance

The landlord may demand that the tenant vacate the premises immediately if the tenant engages in acts that violate the lease agreement, such as:

Examples of Non-Compliance

  • Engaging in criminal activities on the premises

  • Remaining on the property after the lease has expired

  • Failing to cultivate the land and pay a part of the crop yield as rent, as agreed upon in the lease agreement

Damage to the Property

If a property is completely destroyed or significantly damaged but not by the tenant and the premises can't be fixed for a sum that is less than one year's rent, the landlord must serve an eviction notice within ten days of the destruction or damage and request that the tenant vacates the property.

Year-to-Year/Month-to-Month/Week-to-Week

To terminate a periodic lease agreement, the landlord must provide the tenant with an eviction notice within a certain timeframe, as follows:

Timeframe

  • One month for a Year-to-Year lease

  • Seven days for a Month-to-Month lease

  • Two days for a Week-to-Week lease

Eviction Laws and Requirements in North Carolina

Laws & Requirements

  • Grace Period: 5 days. (§ 42-46 (a))

  • Non-payment of rent: 10 days. (§ 42-3)

  • Non-compliance: Immediately upon discovering the breach. (§ 42-26 (a))

  • Damage to the property: 10 days. (§ 42-12).

  • Periodical lease: 1 month for a year-to-year lease, seven days for a month-to-month lease, and two days for a week-to-week lease. (§ 42-14)

When is Rent Late in North Carolina?

In North Carolina, the rent is considered late if it is not paid on the day specified in the lease agreement. On the other hand, a landlord can charge a late fee if the rent is more than five days overdue.

In that case, the amount of the late fee depends on when the rent is due. If the rent is due monthly, the late fee cannot exceed $15 or 5% of the monthly rent, whichever is greater. If the rent is due weekly, the late fee cannot exceed $4 or 5% of the weekly rent, whichever is greater. (§ 42-46 (a(1, 2, 3))

Grounds for Eviction in North Carolina

In North Carolina, a landlord can evict a tenant for a variety of reasons, including the following:

Grounds for Eviction

  • Failure to pay rent

  • Violation of the lease agreement

  • Engaging in illegal activities on the property

  • Causing damage to the property

  • Refusing to vacate the property after the lease agreement has ended

Eviction Process in North Carolina

It is important that the eviction process be carried out in accordance with the steps outlined below to be in compliance with North Carolina law.

#1. Write a Notice

Giving an eviction notice before the landlord files the complaint is a first and necessary step to inform the tenant of the reason why the landlord wants to evict them and to provide them with an opportunity to resolve any disputes with the landlord and prevent the need for a court proceeding.

#2. File the Complaint

If the tenant does not vacate the property by the date specified in the notice, the landlord can file a complaint for summary eviction with the district court in the county where the property is located.

#3. Serve the Tenant

Once the landlord files a complaint with the district court, the tenant must be served with a copy of the complaint and a summons to appear in court. The summons will include the date and time of the court hearing.

#4. Wait for Court’s Judgment

At the hearing, the judge will hear arguments from both the landlord and the tenant and make a decision about whether to evict the tenant or allow them to stay in the property. If the judge rules in favor of the landlord, a writ of possession will be issued, allowing the landlord to take possession of the property.

Other Eviction-Related Forms in North Carolina

There are other kinds of documents that are used in the eviction process besides the eviction notice:

Other Eviction-Related Forms

  • Complaint In Summary Ejectment. The landlord uses this form to initiate a legal proceeding against the tenant after the tenant fails to comply with the eviction notice. The document contains sections where information regarding rental agreement parties, rental property information, and the reason for eviction should be inserted. 

  • Magistrate Summons. This document notifies the tenant that a complaint has been filed against them, outlines their obligations and the consequences of not complying with them, and advises them that they may present arguments against the landlord's complaint.

  • Writ of Possession. If the tenant does not vacate the premises after a court judgment, this document enables the landlord to use official authorities to force the tenant to do so.

Eviction Information for Landlords in North Carolina

When a tenant breaches the terms of the lease, the landlord has the legal right to terminate the lease agreement

However, the landlord has an obligation to follow the legal procedure and notify the tenant when they discover any irregularities concerning the lease by specifying the reasons for eviction and the deadline for vacating the property, as provided by law.

This process ensures that the landlord does not take arbitrary or unfair action.

Eviction Information for Tenants in North Carolina

Similarly, a tenant also has certain rights and obligations regarding the lease agreement and eviction process. The tenant must be informed if the landlord believes that there has been a violation of the lease agreement.

Furthermore, the tenant has the right to a legally determined timeframe to vacate the property, depending on the type of breach of contract. In addition to these rights, if the tenant believes that there is no valid reason for eviction, they have the right to file a complaint in which they can present their defense and provide evidence.

How to Write an Eviction Notice in North Carolina

North Carolina Eviction Notice Checklist

North Carolina Eviction Notice FAQ

  • You can file an eviction notice In North Carolina once the tenant has violated the lease agreement. This could include not paying rent or violating other terms of the lease.

  • A North Carolina eviction notice is necessary because it's a legal requirement before a landlord can file for an eviction in court.

  • The timeline for eviction in North Carolina can vary depending on several factors, but generally, the process can take between 3 and 6 weeks.

  • The North Carolina law does not specify situations in which a 3-day eviction notice is required.

    However, when a tenant engages in illegal activities on the property, the landlord can demand their eviction without providing notice, while terminating a week-to-week lease requires a 2-day notice. In other lease-breach situations, longer notice periods than three days are required for an eviction notice.

Sign Up for Our Newsletter

Newest legal practices, savvy tips and insightful articles.