North Carolina Eviction Notice Templates

A North Carolina eviction notice is delivered when a tenant violates the lease agreement. It explains the violation and provides a deadline to cure it or vacate. If the tenant fails to comply, eviction proceedings may follow.

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Last updated January 26th, 2026

A North Carolina eviction notice is delivered when a tenant violates the lease agreement. It explains the violation and provides a deadline to cure it or vacate. If the tenant fails to comply, eviction proceedings may follow.

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Pay or Quit – Sent when rent is overdue. It warns the tenant that eviction may follow if payment is not made.

Cure or Quit – Used for lease violations unrelated to rent. The notice explains what must be corrected to remain in the rental.

Termination of Month-to-Month Tenancy (30-Day Notice) – Ends a month-to-month rental agreement with advance notice. No violation is required.

Notice to Quit for Illegal Activity – Applies to criminal behavior tied to the property. Eviction may proceed quickly.

Eviction Laws

Notice periods depend on the reason for eviction. Some violations allow immediate action, while others require a waiting period.

  • Rent Grace Period: 5 days to assess late fees.[1]
  • Non-Payment of Rent: 10-day notice.[2]
  • Lease Non-Compliance: No statutory notice required.[3][4]
  • Illegal Activity: No statutory notice required.[3]
  • Substantial Damage to Property: 10-day notice.[5]
  • Termination of Month-to-Month Tenancy: 7-day notice.[6]
  • Eviction Lawsuit Type: Summary ejectment.[7]

Even when notice is not required by statute, written notice is strongly recommended for documentation and clarity in court.

  • Utility Shutoff – A landlord may not attempt to evict a tenant by shutting off utilities or essential services.[8]
  • Changing the Locks – A landlord may not remove doors, change locks, or otherwise block a tenant’s access to the rental unit as a means of eviction.[8]

These actions are considered illegal self-help evictions and can expose landlords to liability.

 

How to Evict a Tenant in North Carolina (Step-by-Step)

Step 1: Provide the Required Notice

Before filing in court, the landlord must deliver the appropriate notice and wait the required period:

  • Immediate Notice to Quit – Lease non-compliance
  • 7-Day Notice to Quit – Month-to-month tenancy
  • 10-Day Notice to Quit – Non-payment of rent

Proof of notice delivery should be retained.

Step 2: File the Complaint and Serve the Tenant

If the tenant remains after notice expires, the landlord may file a Complaint In Summary Ejectment with the local county court. The filing fee is $96.[9] The court issues a Summons, and both documents are served on the tenant by the sheriff. The tenant must appear in court within 10 days of service.

Step 3: Attend the Court Hearing

Both parties must attend the hearing. If the tenant does not appear, judgment is typically entered for the landlord. If the landlord does not appear, the case may be dismissed.

Step 4: Enforce the Judgment

If the landlord prevails, the court issues a Judgment for Possession. The tenant has 10 days to appeal or move out. If the tenant remains, the landlord may request a Writ of Possession, allowing the sheriff to complete the eviction.

 

Court Forms & Resources

  • Complaint In Summary Ejectment –Filed by the landlord to initiate the eviction case.
  • Summons – Issued by the court and served on the tenant, notifying them of the lawsuit and court date.
  • Writ of Possession – Used after judgment if the tenant refuses to vacate, authorizing the sheriff to remove the tenant.

Sources

  1. § 42-46(a)
  2. § 42-3
  3. § 42-26(a)(2)
  4. § 42-27
  5. § 42-12
  6. § 42-14
  7. Article 3 (Summary Ejectment)
  8. North Carlina Judicial Branch – Landlord/Tenant Issues
  9. NC Courts – Court Costs and Fees Chart