Make a North Carolina Eviction Notice

What are the Components of a North Carolina Eviction Notice?

There are several types of North Carolina eviction notices. All of them have the same basic components:

• The legal name(s) of the tenant(s) who signed the lease and are legally required to uphold its terms
• The address of the rental property
• The date the eviction notice was created
• How the eviction notice was served on the tenant (referred to as proof of service or certificate of service)
• The contact information of the landlord or property manager
• The printed name and signature of the landlord or property manager

North Carolina eviction notices are also known as a notice to quit. How many days the tenant has to correct the problem or vacate the property depends on the reason the eviction notice is issued. They may also have specific additional components.

North Carolina 10-Day Notice to Quit for Non-Payment of Rent

A 10-day notice to quit for non-payment of rent is used to inform the tenant that they haven’t paid their rent on time. They are given ten days from the date of the notice to pay the past due amount or vacate the property. This notice should clearly state:

• How much money is owed as past-due rent
• How it must be paid (such as a cashier’s check or money order)
• Where it should be paid

This notice is governed by § 42-3.

North Carolina Notice to Quit for Curable Non-Compliance

In North Carolina, there is no pre-set amount of time that a landlord must give the tenant an eviction notice if they are being evicted for violating the lease (aside from major violations and non-payment of rent previously discussed). The landlord should explain:

• The violation that occurred
• Expressly mention how many days the tenant has to correct the issue

For more information, read § 42A-24(c) and § 42-26.

North Carolina Immediate Notice to Quit for Incurable Non-Compliance

An immediate notice to quit is used when the tenant is involved in criminal activity of some kind that involves the rental property or has committed another sort of incurable lease violation. Incurable means that the tenant isn’t given the opportunity to correct the issue. The use of this sort of eviction notice is known as an expedited eviction. It demands that the tenant immediately vacate the property. This notice should explain why expedited eviction is being used. North Carolina General Statute § 42-26 defines how this notice is used.

North Carolina Lease Termination Letter – 2-Day Notice for Week-to-Week Tenancy

A lease termination for a week-to-week tenancy can be given by either the landlord or the tenant. It’s not an eviction notice per se, but it does inform the recipient that the sender of the notice doesn’t plan to renew the week-to-week agreement. This notice gives two days for the property to be vacated (§ 42-14).

North Carolina Lease Termination Letter – 7-Day Notice for Month-to-Month Tenancy

This particular lease termination ends a month-to-month tenancy. It can be created by either the landlord or the tenant. The recipient is informed that the property will be or should be vacated in seven days (§ 42-14).

Service of a North Carolina Eviction Notice

For legal service to be perfected, which is a necessary part of the eviction process, the eviction notice must be served on the tenant or a member of that household who is over the age of 14 years old by the landlord, posted in a visible spot on the property (such as the front door), or sent via certified mail (with return receipt requested).

What are the Legal Considerations of a North Carolina Eviction Notice?

Not all evictions are legal. All evictions must follow North Carolina’s landlord-tenant law. Landlords do not have to provide a set amount of time for eviction for non-compliance (outside of non-payment of rent or serious matters that we previously mentioned). Eviction notices must be legally served as well. Eviction notices must be served or the landlord may not file a lawsuit against the tenant.

Unless the landlord gets a court order from the judge, they may not remove the belongings of the tenant, change out the locks or use a padlock to prevent the tenant from entering the premises, or shut off the utilities to the rental property to essentially force the tenant from the property. These methods are known as self-help evictions. Using any of those methods without the permission of the court can give the tenant a legal claim against the landlord. The tenant may be entitled to financial compensation and to retain possession of the property.

Landlords may not evict someone for factors that are considered discriminatory or retaliatory in nature. Under federal law, discriminatory factors include someone’s actual or perceived skin color, race, religious beliefs, national origin, gender, disability, or family status (including pregnancy, birth, or adoption of a minor). Retaliatory eviction means that the landlord is trying to evict the tenant because the tenant reported the property or the landlord for unsafe conditions, uninhabitable conditions, or code violations. Illegal evictions may provide the tenant with the legal right to sue the landlord.

Eviction Information for North Carolina Tenants

As a tenant, you have legal rights even during the eviction process. Depending on why you’re being evicted, you may have several defenses you can assert. The landlord is not required by law to give a certain amount of time if you’ve violated the lease in some way outside of late rent or serious violations (such as manufacturing drugs on the property or damaging the property). If you’re served with an eviction notice, read it carefully so that you understand what’s happening, what you need to do, and the deadline by which you should do whatever it is that you need to do.

We discussed illegal evictions in the section above. When the tenant is subjected to an illegal eviction, they may be entitled to sue the landlord. To know for sure whether you have a legal claim, you’ll have to take the time to talk with a landlord-tenant lawyer. They can evaluate your potential claim and let you know what options you have with regards to a potential lawsuit or the ongoing eviction. Sometimes, law schools have legal clinics that provide affordable or free help to the public. You can contact a law school in your general area and ask if they have an active clinic. You can also contact Legal Aid of North Carolina. In addition to perhaps qualifying for low-cost or free legal help, they provide several different resources that could be useful.

Eviction Information for North Carolina Landlords

North Carolina landlords have rights and obligations under the law. Eviction notices must be legally served on the tenant. Without doing so, you cannot sue the tenant. For eviction notices for non-compliance to the lease (not involving late rent or serious violations such as property damage), there is no legally prescribed amount of time that a landlord must provide to the tenant in the notice. However, with non-payment of rent and serious non-compliance, landlords are obligated to follow the law.

Unless the landlord gets a court order, they may not lock out the tenant, remove their belongings from the property, or shut off the utilities. Self-help eviction is illegal. Landlords also may not engage in retaliatory eviction or evict a tenant because of discriminatory factors discussed under Legal Considerations. If a landlord engages in illegal conviction, they may be sued by the tenant for money.

To learn more about eviction notices, the eviction process, or your rights and obligations as a landlord, you should contact a landlord-tenant lawyer for an appointment.