Eviction notice rules in North Carolina
Nonpayment notice
10-day demand for rent: the notice must state the amount owed and the tenant gets 10 days to pay in full before a Complaint in Summary Ejectment can be filed (N.C.G.S. § 42-3). If the tenant pays within the 10 days, the notice is void.
Lease-violation notice
Lease violation other than nonpayment: no statutory cure period — the landlord notifies the tenant of the breach and termination, with a demand for possession, and may file summary ejectment (N.C.G.S. Ch. 42). Exact cure-right rules <em>reported — confirm with a licensed attorney</em>.
Unconditional quit (no second chance)
North Carolina eviction notices are effectively unconditional — once the notice period expires without compliance, the tenant must leave and the landlord files summary ejectment; there is no general statutory second-chance/cure right for non-rent violations.
No-cause / end-of-tenancy notice
Week-to-week: 2 days' notice; month-to-month: 7 days' notice (N.C.G.S. § 42-14); year-to-year: 1 month's notice (N.C.G.S. Ch. 42).
How the notice must be served
The 10-day demand may be given to the tenant or posted on the door; the day of posting does not count toward the 10 days, nor do days the court is closed (weekends/holidays). The summary-ejectment summons is served personally, by leaving it with a person of suitable age at the residence, or by posting plus mailing (N.C.G.S. § 42-26).
Your right to fix it (cure)
Nonpayment: paying in full within the 10 days defeats the notice. No general statutory cure right for other lease violations (<em>reported — confirm with a licensed attorney</em>).
How days are counted
For the 10-day demand: the day of posting is excluded, and court-closed days (weekends/holidays) do not count. This counting rule for the demand is sourced to secondary summaries — needs attorney review.
After the notice expires
Landlord must file eviction lawsuit; tenant need not leave until court order
Court timeline
Complaint in Summary Ejectment filed in small claims (magistrate) court; hearing typically within ~2 weeks of filing; the magistrate decides possession and rent owed. Either party may appeal within 10 days to district court (N.C.G.S. § 42-34). After judgment, the sheriff gives the tenant advance notice before executing the writ (up to 7 days from the sheriff's receipt, N.C.G.S. § 42-37). Typical total: ~3-4 weeks.
Retaliation & defenses
Retaliatory eviction is an affirmative defense: if the eviction is substantially in response to protected activity (repair requests, code complaints, tenant organizing) within 12 months before filing, the ejectment action must be dismissed, subject to the landlord's statutory rebuttals (N.C.G.S. §§ 42-37.1–37.3). Federal Fair Housing Act discrimination defense.
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