A North Carolina eviction notice is crucial for landlords initiating tenant eviction procedures. This notice complies with state law and serves as the initial step in the eviction process. It ensures that tenants are provided with the appropriate duration to address the situation or vacate the property in accordance with legal requirements.
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).
How to Evict a Tenant in North Carolina?
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.
Step 1: Serve an Eviction Notice
You must first send your tenant the appropriate eviction notice to begin eviction. 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 the court. If the tenant fails to leave the premises after the judgment, the landlord may pursue a Writ of Possession. This will authorize the sheriff to remove the tenant forcibly.
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 tenant’s eviction. A magistrate signs it.
- 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.