The North Carolina eviction notice forms are used as the first step in the North Carolina eviction process. In the event that the landlord is planning to evict tenant for non-payment of rent, the notice must demand the rent, and give the tenant 10 days to pay it before a “Summary Ejectment” complaint, also known as an Eviction is filed. After the landlord has given the tenant proper notice and has waited out the notice period, the landlord may then proceed to the Court Location in which the property is located and file a “Summary Ejectment” case to evict the tenant. The Landlord may use the Complaint form. The court will issue a Summons once the Complaint is filed. If landlord prevails, the court will issue a judgment for possession. If the tenant still remains in possession, the landlord can ask the court for a Writ of Possession.
Notices By Type
Immediate Notice to Quit (Non-Compliance) – This form is for use when a tenant has damaged the property and landlord seeks to have the tenant leave immediately.
7-Day Notice to Quit (Month to Month) – This form is for use when the landlord seeks to end a month to month tenancy.
10-Day Notice to Quit (Non-Payment of Rent) – This form is for use in the event tenant fails to pay rent. The tenant has 10 days to pay or move out.
When is Rent Due
In North Carolina, rent is due on the day that is set forth in the lease agreement between tenant and landlord.
How to Evict (Process)
Step 1 – The first step in having a tenant removed is to make sure you have provided requisite notice and have waited the designated time period before you take any other steps:
- Immediate Notice to Quit (Non-Compliance)
- 7-Day Notice to Quit (Month to Month
- 10-Day Notice to Quit (Non-Payment of Rent)
Step 2 – If tenant continues to reside on the premises after notice and/or the rent hasn’t been paid, the landlord may proceed to file a Complaint for Summary Ejection in the Local Court in which the property is located. Once the landlord has filed the document and paid the filing fees, the court will issue a summons. The Summons and Complaint will be served on tenant by the sheriff’s department and tenant will have to be in court no later than ten days from date of service.
Step 3 – The tenant and landlord must appear in court on the designated date. If tenant fails to appear, there will be a judgment in favor of the landlord. If landlord fails to appear, the case will be dismissed.
Step 4 – If there is a judgment for the landlord, it is called a Judgment for Possession and tenant has ten days to appeal or move out. If the tenant continues in possession, landlord may seek a Writ of Possession which will authorize the sheriff to have the tenant removed.