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North Carolina Eviction Notice
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North Carolina at a glance: 10-Day Pay or Quit: Required for nonpayment of rent · Court Process: Summary ejectment · Month-to-Month Notice: 7 days to terminate
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Overview
Eviction Notices in North Carolina
North Carolina's eviction process, called "summary ejectment," is governed by North Carolina General Statutes Chapter 42. For nonpayment of rent, landlords must serve a 10-day notice before filing for summary ejectment.
North Carolina courts require compliance with statutory notice and filing procedures. Self-help evictions are prohibited, and a landlord must obtain a court judgment before removing a tenant.
Key Facts
North Carolina Eviction Notice — Quick Reference
| Requirement | North Carolina Rule |
|---|---|
| 10-Day Pay or Quit | Required for nonpayment of rent |
| Court Process | Summary ejectment |
| Month-to-Month Notice | 7 days to terminate |
| Governing Law | N.C. Gen. Stat. § 42-3 |
| Notice Delivery | Personal service or posting + mailing |
Legal Requirements
North Carolina Legal Requirements
- 10-day written notice required before filing for nonpayment of rent (unless lease specifies otherwise).
- Notice must state the amount owed and the deadline to pay.
- Notice must be delivered personally or posted and mailed if personal service fails.
- Self-help evictions are prohibited without a court order.
Governing Laws
North Carolina Governing Laws
N.C. Gen. Stat. § 42-3
Demand for Rent
Requires a written demand for rent before a landlord may pursue summary ejectment for nonpayment of rent in North Carolina.
N.C. Gen. Stat. § 42-25.9
Prohibited Practices
Prohibits self-help evictions, including lockouts and utility shutoffs, without a court order.
Read the full text of these laws at Cornell Law School's North Carolina legal resources or your state legislature's official website.
Questions & Answers
North Carolina Eviction Notice — Frequently Asked Questions
How many days notice is required for nonpayment of rent in North Carolina?
North Carolina landlords commonly provide a 10-day written notice before filing for nonpayment of rent, though the exact period may be set by the lease.
What is North Carolina's eviction process called?
North Carolina calls its eviction process "summary ejectment," filed in small claims court.
Can a North Carolina landlord remove a tenant's belongings without a court order?
No. Self-help evictions are illegal in North Carolina. A landlord must obtain a court judgment before removing a tenant.