In North Carolina, in order for the delivery of a lease termination or eviction notice to be legal, certain rules and procedures must be followed. If they are not and the case proceeds to court, the case may be postponed or dismissed by a judge.
Who Can Serve Eviction Notices in North Carolina?
In North Carolina, landlords can serve eviction notices and lease termination notices themselves. Landlords may choose to hire a sheriff, process server or independent party over eighteen (18) years old to serve an official notice, but they are not required to do so by law.
When Can Eviction Notices Be Served in North Carolina?
In North Carolina, lease termination and eviction notices can be served immediately on any day of the week and at any time of day.
For a 10 Day Notice to Quit for nonpayment of rent, the eviction notice for tenants that do not pay rent in full and on time, a landlord can serve notice the day after rent is due. There is no legal grace period for paying rent in North Carolina, rent is late starting the day after it’s due.
Acceptable Forms of Service in North Carolina
North Carolina law is not specific on requirements for serving an initial eviction notice, so landlords may use any method which conveys the necessary information in an effective manner. The following methods, used for serving official court business, represent the legal gold standard in the state:
- Hand delivery to the tenant
- Hand delivery to a person of suitable age and discretion at the tenant’s dwelling or usual place of abode, who can accept the notice on behalf of the tenant
- Delivery by registered or certified mail, return receipt requested, addressed and delivered to the tenant
Mailed notice extends the notice period by three (3) calendar days, to account for variable delivery times.
Obtaining Proof of Service in North Carolina
Landlords can show proof that the notice was delivered through the following methods:
- Hand Delivery – by completing a Declaration of Service at the time of delivery
- Certified/Registered Mail – via return receipt and completing a Declaration of Service
North Carolina Eviction and Lease Termination Notice Forms
| Notice Form | Grounds |
| 10 Day Notice To Quit | Eviction for Unpaid Rent |
| Notice To Comply or Vacate | Eviction for Lease Violation |
| 2 Day Notice To Vacate | Ending a Weekly Lease |
| 7 Day Notice To Vacate | Ending a Monthly Lease / No Lease |
| 30 Day Notice To Vacate | Ending a Yearly Lease |
Sources
- 1 North Carolina Court Rules of Civil Procedure - Rule 4
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Process – Manner of service to exercise personal jurisdiction. –
In any action commenced in a court of this State having jurisdiction of the subject matter and grounds for personal jurisdiction as provided in G.S. 1-75.4, the manner of service of process within or without the State shall be as follows:
(1) Natural Person. – Except as provided in subdivision (2) below, upon a natural person by one of the following:
a. By delivering a copy of the summons and of the complaint to the natural person or by leaving copies thereof at the defendant’s dwelling house or usual place of abode with some person of suitable age and discretion then residing therein.
b. By delivering a copy of the summons and of the complaint to an agent authorized by appointment or by law to be served or to accept service of process or by serving process upon such agent or the party in a manner specified by any statute.
c. By mailing a copy of the summons and of the complaint, registered or certified mail, return receipt requested, addressed to the party to be served, and delivering to the addressee.
Source Link - 2 North Carolina Court Rules of Civil Procedure - Rule 6(e)
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Additional time after service by mail. – Whenever a party has the right to do some act or take some proceedings within a prescribed period after the service of a notice or other paper upon him and the notice or paper is served upon him by mail, three days shall be added to the prescribed period.
Source Link
