A North Carolina eviction notice form is a legal letter provided to a tenant directing them to correct a breach of their obligations and/or vacate the premises. In North Carolina, eviction notices can be served for the nonpayment of rent, lease violations or participating in illegal activity.
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 form is used for an eviction for nonpayment of rent. The tenant has the option to pay the balance due or move out of the rental unit within ten (10) calendar days.
North Carolina Notice to Comply or Vacate
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A North Carolina Notice to Comply or Vacate eviction form is used for a breach of the lease. Examples of lease violations include causing minor property damage, failing to maintain the premises in a clean and sanitary manner or interfering with the peace and enjoyment of other persons.
The landlord may give the tenant a chance to fix the issue, but they are not required to do so by law. If the tenants have the option to correct the violation, they must do so within the time frame specified, or move out of the premises by the termination date set forth by the landlord. If tenants do not have the chance to fix the issue, they must move out by the termination date.
North Carolina 7 Day Notice to Vacate
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A North Carolina 7 Day Notice to Vacate is used to terminate a month-to-month lease. This lease termination letter may also be used for tenants that do not have a written lease that pay rent monthly or for tenants with an expired lease. The letter provides either party at least seven (7) calendar days notice before the termination date.
How to Write an Eviction Notice in North Carolina
For an eviction notice to be legally compliant:
- List tenants’ full names;
- List full address;
- Include grounds for eviction;
- Calculate and include termination date;
- Include date notice served;
- The landlord’s signature and printed name; and
- The landlord’s address and telephone number.
Without this information on the notice, a judge may not be able to proceed with an eviction proceeding and the landlord’s case may be dismissed.
How to Calculate Expiration Date in North Carolina
An eviction notice in North Carolina takes effect the day after it is served. If the notice period is less than seven (7) days, only judicial days are counted, so weekends and legal holidays are excluded. If the notice period is seven (7) days or more, all days during the notice period are counted. If the last day falls on a weekend or legal holiday, then the notice will not officially expire until the following judicial day. A judicial day is a day when the courthouse is open.
How to Serve an Eviction Notice in North Carolina
A landlord can deliver notices in North Carolina using any of the below acceptable methods:
- Handing the notice to the tenant in person;
- Handing the notice to a person of suitable age and discretion AND mailing the notice by registered or certified mail with a return receipt;
- Posting the notice to a conspicuous place at the premises AND mailing the notice by registered or certified mail with a return receipt.
When sending the notice by certified or registered mail, add three (3) calendar days to the notice period to account for variability in post office 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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