If you’re a landlord seeking to evict a tenant, use a North Carolina (NC) eviction notice to begin the process. Your eviction notice must be written according to North Carolina state law, and give your tenant the legally required amount of time to respond or move out.
In North Carolina, eviction lawsuits are governed by Chapter 42, Article 3 of the North Carolina General Statutes. You must serve an eviction notice before filing a lawsuit against your tenant(s) to get your property back.
North Carolina Eviction Notices by Type
Download a free eviction notice customized for North Carolina state law below in MS Word (.docx) or Adobe PDF format.
2-Day Lease Termination: Use this notice to let a tenant know that you’re ending a week-to-week lease, and that they must prepare to leave your property. In North Carolina, landlords must give tenants two days’ notice to move out if they’re on a week-to-week lease.
7-Day Lease Termination: Use this notice to let a tenant know that you’re ending a month-to-month lease, and that they must prepare to leave your property. In North Carolina, landlords must give tenants seven days’ notice to move out if they’re on a month-to-month lease.
30-Day Lease Termination: Use this notice to let a tenant know that you’re ending a year-to-year lease, and that they must prepare to leave your property. In North Carolina, landlords must give tenants 30 days’ notice to move out if they’re on a year-to-year lease.
Notice to Quit for Non-Compliance: Use this notice to begin evicting a tenant if they’ve broken the terms of your lease. In North Carolina, landlords must provide at least same-day notice before the eviction process can proceed in court.
In some cases, tenants may have the option to fix (or “cure”) the problem within a given time period.
10-Day Notice to Pay Rent or Quit: Use this notice to begin evicting a tenant if they haven’t paid rent on time. In North Carolina, landlords must give tenants 10 days to pay rent before the eviction process can proceed in court. The notice includes the amount of money owed for past rent, along with how and where the rent should be paid.
If you wish to send a letter simply reminding your tenant that rent is late (without threat of eviction), use a late rent notice.
Eviction Laws & Requirements
- Laws: North Carolina General Statutes Chapter 42
- Rent Payment Grace Period: 5 days § 42-46
- Notice of Non-Compliance: No notice required § 42-46(a)(2) and § 42-47
- Late or Non-Rent Payment Notice: 10 days § 42-3
- Lease Termination (Month-to-Month): 7 days § 42-14
- Substantial Damage to Property: 10 days § 42-12
- Illegal Activity: No notice required § 42-46(a)(2)
What is the Eviction Process in North Carolina?
Step 1: Serve an Eviction Notice
To begin the eviction process, you must first send your tenant the appropriate eviction notice. Under North Carolina law, you must notify the tenant that they’re being evicted and explain the reason for the eviction unless they’ve violated the lease agreement.
Step 2: File an Eviction Lawsuit with the Court
If the tenant refuses to move out of the property, file a Summary Ejectment with the North Carolina district or small claims court where the rental property is located.
Step 3: Attend the Court Hearing
After filing the case and paying the filing fee, your eviction court hearing will be processed and scheduled. A local court will issue a summons notifying the tenant of the hearing, which begins the legal proceedings for eviction. Both landlord and tenant must appear in court on the correct date. The case will be dismissed if the landlord doesn’t appear.
Step 4: Await Judgement
If the court rules in the landlord’s favor, a Judgment for Possession will be called by the court. If the tenant fails to leave the premises after the judgement, the landlord may then pursue a Writ of Possession. This will authorize the sheriff to forcibly remove the tenant.
Related North Carolina Court Forms
- Order for Eviction After Violation of Conditional Order of Eviction: This form documents either an eviction ruling in favor of the landlord, or denies the eviction of the tenant. It is signed by a magistrate.
- Motion to Enforce Conditional Eviction Order Notice of Hearing: This form schedules a hearing to determine if the tenant must be forcibly removed from the rental property. It must be delivered to the tenant notifying them of the court hearing date. It is signed by the Clerk of the Superior Court (CSC), Deputy CSC, or Assistant CSC.
- Complaint in Summary Ejectment: This document officially begins the eviction process, and must be filed with the court by the landlord.
- Writ of Possession Real Property: This form declares that the tenant has been evicted, and instructs the sheriff to remove them from the property. It is served on the tenant by the Deputy Sheriff.
Eviction Information for North Carolina Landlords and Tenants
Under North Carolina law, landlords must not engage in retaliatory actions such as locking tenants out of the rental property, removing their belongings, or shutting off utilities without a court order.
Visit the North Carolina Department of Justice for more information on your legal rights and obligations as a North Carolina landlord.
Tenants also have legal rights during the eviction process. You may be able to put up a defense depending on the circumstances of your eviction. Read all eviction notices carefully so you know exactly what’s happening and what you need to do.
Tenants may be entitled to sue their landlord if an eviction notice is served improperly or if a retaliatory eviction is underway.
If you’re facing eviction, visit the following websites for more information on how to receive legal help: