A North Carolina eviction notice form for nonpayment of rent is a written document that states a tenant has 10 days to pay the rent or vacate the premises. Additionally, there are other notice forms for other possible grounds for eviction in North Carolina.
Types of North Carolina Eviction Notices
Each possible ground for eviction has its own notice type. Some notices allow the tenant to fix (“cure”) the issue and continue the tenancy, while others simply state an amount of time to vacate by.
10-Day Notice to Pay (Nonpayment of Rent)
A landlord is allowed to evict a tenant for failing to pay rent on time.
According to North Carolina law, rent is considered late the day after it’s due; grace periods, if any, are addressed in the lease or rental agreement. However, late fees may not be assessed until rent is 5 days past due.
Once rent is past due, the landlord must give tenants a 10 day grace period prior to beginning an eviction action. While statute requires that landlords “demand” the rent due and wait 10 days before filing a complaint with the court, the demand could be verbal or written.
If the tenant does not pay the rent due by the end of the 10-day grace period and remains on the property, the landlord may proceed with the eviction process.
If landlords do choose to give a written notice to tenants, then the written notice should include the total amount of past-due rent owed.
Get the downloadable 10-Day Eviction Notice for Nonpayment of Rent form template below (.pdf direct link).
2/7/30-Day Lease Termination Notice (No Lease/ End of Lease)
In the state of North Carolina, if tenants “hold over,” or stay in the rental unit after the rental term has expired, then the landlord must give tenants notice before evicting them. This can include tenants without a written lease and week-to-week and month-to-month tenants.
Often this type of eviction applies to tenants who are at the end of their lease and the landlord doesn’t want to renew.
The amount of time required in the notice depends on the type of tenancy.
- Week-to-Week – If rent is paid on a week-to-week basis, a landlord must provide the tenant with a 2-Day Notice to Quit.
- Month-to-Month – If rent is paid on a month-to-month basis, a landlord must provide the tenant with a 7-Day Notice to Quit.
- Year-to-Year – For year-to-year tenancies, landlords must provide tenants with a 30-Day Notice to Quit.
The notice should include the date the tenancy will terminate.
If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.
Get the downloadable 2/7/30-Day Lease Termination Notice form template below (.pdf direct link).
What to Include in North Carolina Eviction Notices
North Carolina law doesn’t specify at the state level the information required on an eviction notice. However, it’s a good idea to include:
- The date the tenancy will terminate;
- The reason for the eviction; and
- The tenant’s name and contact information.
The landlord will also want to get the tenant’s signature confirming that they received the eviction notice, if the notice was hand-delivered.
Delivering Eviction Notices in North Carolina
North Carolina law doesn’t specify how an eviction notice must be served at the state level. Landlords and tenants should check with their local governments to ensure they are in compliance with any local laws regarding service of the notice.
Eviction Process in North Carolina
- An eviction notice is posted by the landlord to vacate or “cure” the issue.
- If uncured and tenant remains, the complaint is filed and served.
- A hearing is held and judgment issued.
- If an eviction is granted, a Writ of Possession is posted, giving final notice to the tenant to remove their belongings.
- Finally, the sheriff returns possession of the property to the landlord.
To learn more about the eviction process in North Carolina, click here.