Eviction Notice NC
The eviction notice in NC is the first step to begin the eviction process.
Without proper notice, your eviction action in North Carolina is bound to fail.
We wrote an extremely detailed blog about How to Evict a Tenant in North Carolina, which provides you a step by step process on how to evict someone in North Carolina.
You also get access to all of the forms required to evict a tenant in North Carolina, including an eviction notice.
While there isn’t a set standard for how you should write your eviction notice in NC, there are some guidelines you should follow to give your North Carolina eviction notice the proper legal effect.
If you fail to provide the proper notice, your case will end up being dismissed by the court.
Timing of the Eviction Notice in North Carolina
When you have to send notice to a tenant will depend on the type of eviction notice in NC you are providing.
In other words, there isn’t a set timeframe to give eviction notice in NC, so there isn’t a blanket answer.
Eviction Notice Requirement for Lease Violations
Lease violations are by far the easiest method to evict a tenant. If you are evicting a tenant for a lease violation, you do not have to an eviction notice in NC.
This doesn’t mean you can simply lock the tenant out of the property because they violated the lease agreement. What it means is that you do not have to provide an eviction notice to the tenant in North Carolina, but can instead proceed with filing your summary ejectment, without giving the tenant a heads up.
However, we have one word of caution.
If you are considering evicting a tenant for a minor lease violation, for example the grass isn’t cut, you might want to reconsider it.
Courts generally frown upon landlords who attempt to evict a tenant for a minor lease violation.
Our suggestion is to provide the tenant with a simple warning letter to correct their conduct.
Eviction Notice and the Holdover Tenant
A holdover tenant is a tenant that, previously had a valid lease agreement, and has stayed past the terms of their lease.
The eviction notice in NC for a holdover tenant will depend on the terms of their initial lease with you.
The following table will apply as to how much notice you are to give the holdover tenant before starting an eviction action on the tenant:
Week to Week: Two days notice;
Month to Month: Seven days notice;
Greater than Month to Month: One month notice.
As you can see, even though the tenant is staying in the property illegally, and you might think you can just lock them out, you still must provide an eviction notice in NC, and proceed with the eviction process if the tenant doesn’t vacate the property.
Attempting to get a tenant out of your house on your own is considered a Self-Help Eviction, and it is illegal in North Carolina
We know. It makes no sense, and is a big headache. But you don’t want to attempt a self-help eviction, as it could end up being extremely costly for you.
Nonpayment of Rent and the Eviction Notice
Nonpayment of rent is by far the most frequent type of eviction notice in NC.
A eviction notice in NC for non-payment of rent must be done 10 days prior to the eviction complaint being filed.
The form of the notice is referred to as a 10 Day Demand for Rent, also known as a notice to quit.
Related Article: 10 Day Eviction Notice
Form of the Eviction Notice
As we stated earlier, the eviction notice in NC doesn’t have a set format, but there are somethings you want to make sure you include in your notice:
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 owed.
5. The total amount of late rent owed.
6. The amount of all late rent owed, identified by each individual month.
7. Enter the exact due date of when the late rent is due.
8. Notify the tenant that they must vacate the premises if they fail to pay the late rent.
If you would like an example of an eviction notice, you can get at our blog on the 10 Day Eviction Notice, or by reading our comprehensive blog on the eviction process How to Evict a Tenant in North Carolina, at the link below.
Wrapping Up Eviction Notices
As you can see, there is more to the notice requirement than sending your tenant an email. You must follow the process step by step to end up with a legally correct eviction.
If you need more comprehensive guidance as to how you go about the eviction process, take a look at our guide How to Evict a Tenant in North Carolina, which includes step by step instructions, a checklist, and all of the required forms to get you started on the process.
Get Your Guide: How to Evict a Tenant in North Carolina
If you have any questions about the process, please don’t hesitate to reach out.
At Linchpin Property Management, we are fortunate to be the only property management company with a CEO who is a retired military attorney, and licensed North Carolina lawyer.
You can rest assured your asset will be protected to the greatest extent of the law.
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As always, information on this website is not intended to constitute legal advice, or the retention of our property management services, and is for general information purposes only.
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