A North Carolina 10 Day Notice To Quit is a letter which complies with state legal requirements to begin eviction against a tenant for nonpayment of rent. The tenant must pay the balance due or move out within ten (10) calendar days of receiving notice.
When To Use a North Carolina 10 Day Notice To Quit
A North Carolina 10 Day Notice To Quit begins the eviction process when the tenant is late on rent. A landlord may deliver this notice when any portion of the rent remains unpaid, beginning the day after it’s normally due.
Some types of North Carolina lease termination notice may allow different reasons for termination, or different notice periods. This may also apply to an eviction notice issued because of a lease or legal violation.
How To Write a North Carolina 10 Day Notice To Quit
To help ensure the legal compliance of a Notice To Quit:
- Use the full name of the receiving party, and address of record, if known
- Specify the termination date of the lease or tenancy
- Specify the basis for terminating the tenancy, and the payment required to avoid termination
- Fill in the full address of the rental premises
- Provide updated/current address and phone number information
- Print name and sign the notice
- Complete the certificate of service by indicating the date and method of notice delivery, along with printed name and signature
It is easy to lose an otherwise justified legal action because of improper notice. Check carefully to ensure enough time after notice is delivered, not when it’s sent.
How To Serve a North Carolina 10 Day Notice To Quit
North Carolina law is not specific on requirements for serving a Notice To Quit, 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.
Sources
- 1 NC Gen Stat § 42-3
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In all verbal or written leases of real property of any kind in which is fixed a definite time for the payment of the rent reserved therein, there shall be implied a forfeiture of the term upon failure to pay the rent within 10 days after a demand is made by the lessor or his agent on said lessee for all past-due rent, and the lessor may forthwith enter and dispossess the tenant without having declared such forfeiture or reserved the right of reentry in the lease.
Source Link - 2 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 - 3 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