North Carolina Eviction Notice Forms are official documents that mark the first step in the state eviction process. They are sent by landlords and describe how a tenant has breached the terms of a lease agreement, giving them time to cure the problem or move out. Once issued by a landlord, the tenant has the given notice period to respond appropriately or face a Summary Ejectment case, or eviction.
How to Evict a Tenant in North Carolina (Process)
Step 1: Send a Requisite Notice
The first step in the North Carolina eviction process is to send the tenant once of the following eviction notices, depending on their violation:
- An Immediate Notice to Quit for Non-Compliance
- A 7-Day Notice to Quit for Month-to-Month Tenancy Termination
- A 10-Day Notice to Quit for Non-Payment of Rent
Step 2: Proceed to Court
The landlord must then wait for the requisite period for the tenant to respond by either fixing the breach or moving out. If the tenant fails to do this, the landlord may file a Complaint for Summary Ejection with the Local Court in the area where the property is located. The court will then issue a summons, which will be served on the tenant by the sheriff’s office, giving them no more than 10 days to appear in court.
Step 3: Attend the Hearing
If the tenant fails to appear in court on the designated date, the judge will rule in the landlord’s favor. The case will, however, be dismissed if the landlord doesn’t attend the trial.
Step 4: Evict the Tenant
If the court rules in the landlord’s favor, a Judgment for Possession will be issued, giving the tenant 10 days to appeal the decision or vacate the property. if 10 days pass and the tenant fails to take either action, the landlord may request Writ of Possession from the court, which permits the sheriff to remove the tenant from the property.
When Is Rent Due?
Rent is due in North Carolina on the day indicated in the active lease agreement signed by the tenant and landlord.
North Carolina Eviction Laws and Requirements
Under § 42-46 (a), a landlord must give a tenant a 5-day grace period for unpaid rent. If the tenant fails to pay or move out (or comply or move out), the landlord may file an eviction as provided in Article 3 (Summary Ejectment). Other applicable eviction laws and notice period in the state include:
- § 42-3, a 10-day notice period for non-payment of rent.
- § 42-26(a)(2) and § 42-27, no notice period for non-compliance.
- § 42-26(a)(2), no notice period for illegal activity.
- § 42-12, a 10-day notice period for substantial property damage.
- § 42-14, a 7-day notice period for a lease termination.
Related North Carolina Court Forms
- Complaint in Summary Ejectment – Filed by a landlord in the local court to initiate eviction proceedings against a tenant.
- Summons – Served on the tenant, along with proof of service, to inform them of the complaint filed against them.
- Writ of Possession – May be obtained by the landlord from the court to effect the eviction and removal of the tenant from the property.
How to Write a North Carolina Notice to Quit
Step 1: Gather the original lease agreement and other relevant documents.
Step 2: On a notice form or blank paper, note the tenant’s full name as it appears in the lease, the lease signature date, and the rental property address by county, city, zip code, and street and apartment number.
Step 3: Get straight to the point and mention the tenant’s actions that are in breach of the rental agreement. Make sure to cite the lease agreement.
Step 4: Go into detail about the violation and the course of action that should follow. Your options are:
- Nonpayment – Recap the due amount and give the tenant 10 days to pay or move out. In case the tenant wishes to pay, supply the name of the agent authorized to receive payment besides you.
- Noncompliance – Notify the tenant that they must immediately fix their violation or move out.
- Lease termination – Give the reader at least 30 days of notice.
Step 5: Write down your intent to pursue legal action if the tenant fails to respond. Signs your name under a formal closing.
Step 6: (To be completed by the deliverer) Indicate whether the notice was delivered personally, to the premises, or through First Class Mail. Supply the recipient’s name, recipient address, and service date. Sign under this information.
Immediate Notice to Quit (Non-Compliance)
{Date}
{Recipient’s Name}
{Property Address}
Dear {Mr./Mrs./Ms. Last Name},
This is to notify you that the violation described as {describe tenant’s action} is in breach of the rental agreement signed {signature date}. In accordance with § 42-26, this violation is incurable and you must vacate the premises located on {property address} immediately. Failure to vacate the premises will lead to eviction proceedings being initiated against you.
Sincerely,
{Your Name}
{Your Signature}
7-Day Notice to Quit (Month to Month)
{Date}
{Recipient’s Name}
{Property Address}
Dear {Mr./Mrs./Ms. Last Name},
In accordance with Section § 42-14, I {your name}, the {landlord/tenant} of the property located on {property address}, elect to terminate the lease agreement dated {signature date}, effective {give a 7-day notice}. On {date}, both parties agree to {discuss the walk-though inspection and utilities. The deposit for the property will also be mailed to {address}.
Sincerely,
{Your Name}
{Your Signature}
10-Day Notice to Quit (Non-Payment of Rent)
{Date}
{Recipient’s Name}
{Property Address}
Dear {Mr./Mrs./Ms. Last Name},
You have not paid rent for the property located on {address} for the {date} to {date} rental period in the amount of {total amount}. Under North Carolina laws, you have 10 days from the service of this notice to pay the due amount or move out. If you don’t pay or vacate by {deadline}, the landlord will initiate legal proceedings to evict you.
You can prevent the termination of your lease by paying the due amount to {agent’s name} by {date}. If, after the case is filed, you believe your lease should be maintained, you may present your case in court.
Sincerely,
{Your Name}
{Your Signature}
North Carolina Immediate Notice to Quit (Non-Compliance)
North Carolina 7-Day Notice to Quit (Month to Month)
North Carolina 10-Day Notice to Quit (Non-Payment of Rent)
Conclusion
North Carolina Eviction Notice Forms are highly useful to a landlord dealing with a tenant that has violated the terms of a rental agreement. They inform the tenant of the breach and urges them to fix it or move out of the property. If the tenant fails to comply, they also give the landlord legal ground to file a Summary Ejectment case with the court and evict the tenant.
