North Carolina Notice to Comply or Vacate

A North Carolina Notice To Comply or Vacate is a letter which complies with state legal requirements to begin eviction against a tenant for a lease violation, such as causing property damage. The tenant must take appropriate corrective action (only if permitted to by the landlord), or move out by the specified date of termination.

When To Use a North Carolina Notice To Comply or Vacate

A North Carolina Notice To Comply or Vacate begin the eviction process for the following tenant violations:

Failure to maintain the rental unit in a clean and sanitary manner
Occupancy violations
Parking in an unauthorized area on the property
Causing minor property damage
Other lease violations

note

The landlord has discretion to decide whether or not the tenant may “cure” (take action to correct) the lease violation. The landlord also has the responsibility to specify a date of termination, which should allow a reasonable amount of time to cure or move out.

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 Notice To Comply or Vacate

To help ensure the legal compliance of a Notice To Comply or Vacate:

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 (if applicable) the corrective action(s) 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 Notice To Comply or Vacate

North Carolina law is not specific on requirements for serving a Notice To Comply or Vacate, 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.

note

In almost all cases, notice is legally served when it is received by the other party, NOT when it’s sent. Check specified date of termination carefully to ensure compliance with the legal requirements for a notice period.

Sources

1 NC Gen Stat § 42-26: When the tenant or lessee, or other person under him, has done or omitted any act by which, according to the stipulations of the lease, his estate has ceased.
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2 North Carolina Court Rules of Civil Procedure - Rule 4: 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.
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3 North Carolina Court Rules of Civil Procedure - Rule 6(e): 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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