Landlord's 10-Day Notice to Quit, Nonpayment of Rent in North Carolina

Last Updated: January 19, 2023.

About this Form

This form letter is a legally-compliant "10-Day Notice to Quit" due to nonpayment of rent in North Carolina. It is professionally crafted to meet the requirements outlined in N.C. Gen. Stat. § 42-3. This notice letter serves as the first step in the eviction process, giving the tenant the option to either pay all past-due rent within ten days of receipt of this letter, or vacate the premises. The form letter is a standard, unlocked Microsoft Word document, reusable, customizable to fit your specific situation, and can be downloaded immediately after purchase.
Overview of the Eviction Process in North Carolina

Delivering Notice of Termination for Nonpayment of Rent to the Tenant
When seeking to terminate a tenancy in the State of North Carolina, a landlord must first provide the tenant with the appropriate notice of termination, as required by law. The notice required will depend on the specific grounds for the termination. In the case of nonpayment of rent, the landlord must provide the tenant with a statutorily compliant 10-day "Notice to Quit" (also known as a "Notice to Quit or Pay") before initiating the eviction process. Under N.C. Gen. Stat. § 42-3, this notice is intended to demand payment. Should the tenant fail to pay the rent within ten days, the landlord may proceed to file eviction papers on the eleventh day.

Filing and Serving Eviction Papers on the Tenant
Before filing any eviction papers, the landlord must properly terminate the tenancy under the notice requirements outlined above. Once the appropriate notice has been served and the deadline to pay rent or vacate the premises has expired, the landlord may initiate court proceedings to expel the tenant from the premises. The eviction papers, including the complaint and summons, should be filed in the appropriate small claims court or district court within the same county where the rental property is located. Small claims courts in North Carolina are appropriate venues for actions in which damages sought do not exceed $10,000; however, this amount may vary in some counties. If the landlord claims the tenant owes more than $10,000, the eviction papers should be filed in district court.

Contents of Complaint and Summons
The complaint, which sets out the reasons for the legal action, should be accurately and completely filled out, including listing all tenants whose names appear on the lease or rental agreement as "defendants." Failure to do so may prolong the eviction process. The summons, which notifies the defendant that an action has been initiated, will state a date and time for the tenant to appear at a specified location to answer the complaint, known as a hearing.

Serving the Papers
Once the eviction papers have been filed, the tenant must be properly served with a copy of the summons and complaint, which is typically done by the county sheriff, who will personally serve the papers at the tenant's residence. Upon receiving these papers, the tenant may vacate the premises or contest the eviction by presenting defenses at the hearing. It is essential to ensure that all the legal requirements are met and followed to avoid any potential legal issues in the future.