10 Day Eviction Notice in North Carolina
The 10 day eviction notice is the first step in beginning the eviction process in North Carolina. The 10 day notice is formally called a Notice to Quit in North Carolina. If you fail to provide this notice to tenants, you case will be dismissed.
At the end of this article, we have provided you with a link for a more in depth look at the eviction process, as well as our FREE eBook on How to Evict a Tenant in North Carolina, along with a sample 10 day eviction notice and other forms.
The 10 day eviction notice is not the same as a warning letter to tenants. A warning letter is used for violations of the lease that you are giving the tenant a chance to correct. A warning letter is not a legal requirement to begin the eviction process, although the 10 day eviction notice could be viewed as a warning letter in some respects. It is, however, the 10 day notice that starts the eviction timeline.
What is the Law Governing the 10 Day Eviction Notice in North Carolina?
The law governing the 10 day eviction notice requirement is covered in North Carolina Statute section 42-3.
Section 42-3 states:
In all verbal or written leases of real property of any kind in which is fixed a definite time for the payment of the rent reserved therein, there shall be implied a forfeiture of the term upon failure to pay the rent within 10 days after a demand is made by the lessor or his agent on said lessee for all past-due rent, and the lessor may forthwith enter and dispossess the tenant without having declared such forfeiture or reserved the right of reentry in the lease.
As you can see, this is a requirement by statute, so it is nonnegotiable when you are trying to evict a tenant for non-payment of rent.
Aside from the statute stating that there is a 10 day period to demand payment, little is written about the exact substance of what is needed for the 10 day eviction notice a tenant in North Carolina.
What Should the 10 Day Eviction Notice Say?
While there is no formal wording that is necessary, we recommend you include the following 8 items in your 10 day notice to evict.
1. The date of the notice
2. The names of all tenants on the lease agreement
3. The address of the property
4. Language stating the tenant has 10 days from the date of the letter to pay rent owner
5. The total amount of the rent owed
6. The amount of all late rent owed, identified by each individual month
7. The exact, specific, due date of when the late rent is due
8. Notify the tenant that they must vacate if they fail to pay the late rent
How Should You Deliver Your 10 Day Notice to Evict?
There are a number of different ways you can serve your 10 day notice to evict. The key point is to ensure that you have proof that it was actually delivered.
The easiest way, and which by far provides the best proof, is to send your letter via certified mail. Certified mail provides you with proof for the court that the 10 day notice was actually delivered to the tenant.
Contrary to popular belief, a signature is not required. What is required is that you have the 10 day notice evict delivered to the tenant, at your property.
We would highly recommend against serving the 10 day notice to evict yourself. Serving the notice on the tenant yourself can, and will, cause unwanted confrontation.
Remember, you are in the right, the tenant has failed to pay their rent, and it is your responsibility to take the higher road.
Leave the dog fight to the courtroom, and even then, take the higher road.
What Should You Do After Serving the 10 Day Notice?
While you are waiting for the response from the tenant, you should prepare all documents and paperwork for the summary ejectment proceeding. This way, you can get the ball rolling as soon as the 10th day is up. Remember, you told the tenant in your notice that you would begin the process on the 10th day, stick to it, and show the tenant you mean what you say.
Another point before we wrap up. When you serve the 10 day eviction notice is going to depend on the terms of your lease. If you give a grace period in your lease, you will generally wait until after the grace period is up before you provide your notice. If you don’t have a grace period in your lease, you can begin the notice process to evict if rent is late one day.
We Are Here to Help With Your 10 Day Eviction Notice
At Linchpin Property Management, we are fortunate to be the only property management company in Fayetteville, NC to be lead by a retired military attorney.
We have also prepared a complete guide on how to evict a tenant in North Carolina, which you can access at the link below.
The guide includes a sample North Carolina 10 day eviction notice, as well as all the other letters and forms necessary to get the ball rolling.
If you have any questions please feel free to send us a message, we are here to help.
And don’t forget to check out our detailed blog and get your North Carolina 10 day eviction notice by clicking here: How to Evict a Tenant in North Carolina
The Team at Linchpin Property Management
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