A well-prepared and legally compliant North Carolina eviction notice is the first step to a successful eviction. Create your own free notice form today with expert guidance and personalized templates.
Last Update July 7th, 2021
NC Eviction Notice Types
To evict a tenant successfully in North Carolina you must present them with the appropriate eviction notice for the circumstances. This allows you to conform with the laws in North Carolina by providing a legally valid reason for the eviction and the correct amount of notice necessary under NC statutes.
10-Day Notice to Quit (Non-Payment)
If the tenant fails to pay rent, you can serve them with a 10-Day eviction notice. This requires the tenant to either pay the rent owed or to quit the property within 240 hours.
Assuming the tenant pays the rent within this time given, the notice will be null and void. However, if payment isn’t made, and they still refuse to leave, the landlord can sue the tenant in court.
2-Day Notice to Quit (Week-to-Week)
2-Day Notice to Quit documents are used to evict week-to-week tenants or those who don’t have a fixed lease without providing any given cause. This allows the landlord to inform the tenant that they must vacate the property within 2 days or face a legal challenge.
7-Day Notice to Quit (Month-to-Month)
A 7-Day Notice to Quit form can be used to evict month-to-month tenants as well as those who don’t hold a fixed lease. By using this notice, a landlord can inform the tenant that they have 7 days to leave the property or otherwise face a legal challenge, without having to provide any given cause.
30-Day Notice to Quit (Year-to-Year)
When evicting year-to-year tenants or those who don’t have a fixed lease, a 30-Day Notice to Quit can be used without providing any specific cause. Through this document, the landlord can inform the tenant that they will face a legal challenge if they don’t vacate the property within 30 days.
North Carolina Eviction Laws
You can only evict someone in North Carolina if they’ve committed a legally valid breach of the lease under NCstatutes. Not only that, but you must also make sure to provide the correct amount of days’ notice to avoid the eviction from being challenged in court.
To evict someone in North Carolina means conforming with the following legal requirements:
Nonpayment of rent: 10 days’ notice
Termination of a week-to-week lease: 2 days’ notice
Termination of a month-to-month lease: 7 days’ notice
Termination of a year-to-year lease: 30 days’ notice
The NC eviction notice itself must be delivered to the tenant as an official letter or form detailing the key information about the property and tenant. It must also clearly explain the reason the landlord wishes to terminate the lease and how long the resident has to comply with the notice.
North Carolina Eviction Process
There are a number of crucial steps to follow when evicting a tenant in North Carolina. These police how the notice must be served and what you’ll need to do if the tenant still refuses to vacate the property.
To successfully evict your tenant in North Carolina with an eviction notice, you’ll need to do the following:
Serve a valid eviction notice giving the tenant sufficient time to leave based on the reasons for the lease termination.
The landlord may file for eviction with their local court, if the tenant refuses to leave on their own.
Both the landlord and tenant can argue their case in the court, once the hearing date arrives.
The judge will decide whether the eviction can be upheld or not. If it is upheld, you can ask the clerk of the court for a Writ of Possession.
When the Writ of Possession has been processed the landlord may file the document with the county sheriff. The tenant will then have 7 days to leave before being forcibly evicted.
FAQs About North Carolina Eviction Notices
Before starting your eviction notice for real, it is sensible to understand the ins and outs of these important legal documents. Read more about North Carolina’s eviction notices in our FAQs below and learn how to use these forms effectively.
How Many Days Notice Does a Landlord Need to Give in North Carolina?
The notice period a landlord needs to give in North Carolina always depends on their reason to evict. When an NC eviction notice is served it must provide the correct duration for the infraction or it won’t be valid. This can be as few as 10 days for a missed rental payment and up to 30 days when terminating a lease.
How to Evict Someone in North Carolina?
To successfully evict a tenant in North Carolina state, the landlord or property manager must serve a legally valid eviction notice. This must provide the correct number of days’ notice and a legitimate reason to evict. It can be served in person, to a family member, someone else living on the premises, or left in a conspicuous location.
If the tenant doesn’t comply and vacate the property as instructed, the landlord will then have to petition a court. If the judge rules in their favor they will then be able to use a local marshal or sheriff to forcibly evict the tenant.
How Much Does It Cost to Evict Someone?
How much evicting a tenant costs will often depend on how long the removal process lasts. If you serve the North Carolina eviction notice and that leads to a resolution of the dispute, or the tenant simply leaves as instructed, then the costs are very low (below $400 not including potentially lost rent).
However, if the tenant refuses to leave the property this could lead to a more protracted and expensive legal case. If you need to seek legal advice or representation at any step of the process, this will of course carry much higher costs.