A North Carolina eviction notice form is a legal demand for a tenant to comply with the terms of the rental agreement or else move out of the premises. North Carolina landlords may deliver an eviction notice because of unpaid rent, lease violations, or illegal activity on the rental property.
Types of North Carolina Eviction Notice Forms
| Notice Form | Grounds | Curable? |
| 10 Day Notice To Quit | Unpaid Rent | Yes |
| Notice To Comply or Vacate | Lease Violation | Maybe |
| 7 Day Notice To Vacate | No Lease | No |
North Carolina 10 Day Notice To Quit
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A North Carolina 10 Day Notice To Quit evicts a tenant for nonpayment of rent. In North Carolina, a landlord can file this notice the day after rent is due, with no grace period for the tenant. The tenant must pay all past due rent or else move out within within ten (10) calendar days.
North Carolina Notice To Comply or Vacate
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A North Carolina Notice To Comply or Vacate evicts a tenant on the basis of a lease violation. This might be for something like minor property damage, failure to maintain a safe and healthy property, or interference with the quiet enjoyment of neighbors.
The landlord gets to decide whether to give the tenant an opportunity for corrective action. If the landlord decides not to let the tenant cure the issue, or the tenant fails to take appropriate action, then the tenant must move out by the specified date of termination.
North Carolina 7 Day Notice To Vacate
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A North Carolina 7 Day Notice To Vacate terminates a month-to-month lease, an expired lease, or a situation with no written lease where the tenant pays rent monthly. The non-terminating party must receive notice at least seven (7) days before the date of termination.
How To Write an Eviction Notice in North Carolina
To help ensure the legal compliance of an eviction notice:
- Use the tenant’s full name and address
- Specify the lease violation as well as any balance due
- Specify the date of termination
- Print name and sign the notice, including the landlord’s address of record
- Note 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 Calculate Expiration Date in North Carolina
The “clock” for an eviction notice period starts “ticking” the day after the notice gets delivered (served). For example, to give at least 30 days of notice and begin court action as of June 30th, delivery of the eviction notice must be no later than May 31st.
In most jurisdictions, if the last day of a notice period is a Saturday, Sunday, or legal holiday, the notice period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday. This is called the “next judicial day;” in other words, the next day a courthouse is open.
In North Carolina, for a notice period less than seven (7) days, only judicial days are counted, with weekends and legal holidays excluded.
How To Serve an Eviction Notice 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.
Sources
- 1 North Carolina Court Rules of Civil Procedure - Rule 6
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Rule 6. Time.
(a) Computation. – In computing any period of time prescribed or allowed by these rules, by order of court, or by any applicable statute, including rules, orders or statutes respecting publication of notices, the day of the act, event, default or publication after which the designated period of time begins to run is not to be included. The last day of the period so computed is to be included, unless it is a Saturday, Sunday or a legal holiday when the courthouse is closed for transactions, in which event the period runs until the end of the next day which is not a Saturday, Sunday, or a legal holiday when the courthouse is closed for transactions. When the period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays, and holidays shall be excluded in the computation. A half holiday shall be considered as other days and not as a holiday.
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.
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