![]() The documents are served by the Sheriff’s office either personally or by posting. So what happens if the tenant does not pay the rent or fails to remedy a violation of the lease, and refuses to vacate within the time provided in the North Carolina Eviction Notice? Then the landlord must file a Summons and Complaint in Summary Ejectment at the Magistrate’s Court. You can get a Free Lease Termination Letter here. In month-to-month tenancies, the North Carolina eviction notice may only be 7-days and can be oral. A court date under these circumstances must be set for trial within the first term of court falling 30-days after service of the complaint. The law does not require a landlord to offer the tenant an opportunity to cure the breach within a certain time, but if the violation can be remedied by payment of an increased security deposit, removal of the pet or individuals or of an offending condition, the landlord will usually provide for it in the demand.įor cases where the tenant has been involved in drug trafficking or criminal activity on the premises, which adversely affects the health or safety of other tenants, there is an expedited process to remove the tenant. Once conferring with the lease agreement, serve the tenant a written eviction notice for lease violation that details the lease violation and gives them the notice time to cure it.Ī landlord still has to serve a demand on the tenant or notice that he or she must vacate the unit by a certain date and that the tenancy has terminated because of the major breach. Material violations can include having unauthorized pets or persons living on the premises or where a condition that violates the health or safety of others exists. In many cases, the written rental agreement will provide a time. The North Carolina eviction process does not specify a minimum period for the landlord to give a tenant notice to vacate the property if a material violation of the lease has occurred. If You Need an Eviction Notice for North Carolina, We recommend this Free North Carolina Eviction Notice. If the lease provides for automatic forfeiture of the premises upon nonpayment of rent after a certain time, tenant will have to tender the rent by that time named in the lease in order to maintain tenancy. The notice should advise the tenant that the tenancy will be maintained if the entire rent owed is paid within the 10-day period or a legal action will be initiated to evict the tenant. The North Carolina eviction notice for nonpayment of rent is 10-days. ![]() This includes threatening the tenant, arranging for another tenant to move in before the expiration of the lease, denying the tenant access to the property, removing the tenant’s personal belongings or any other action to forcibly remove the tenant without a court order. Self-eviction refers to illegal measures to force a tenant from a leased property. ![]() A landlord who ignores the judicial process may be liable to the tenant for damages. ![]() Keep in Mind that Self-Eviction is UnlawfulĪll North Carolina landlords must obtain a court order to expel a tenant who refuses to leave after notice or demand is given. Often, attempts to recover damages and past due rent are futile. It can be costly and involves loss of rent while the property is vacant and possible additional expenses in advertising, interviewing and finding another suitable tenant. No landlord wants to unnecessarily evict a tenant. In these cases, sometimes eviction a necessity. A landlord in this state has to follow the North Carolina eviction process if a tenant is not paying the rent or has violated a material provision in the lease.
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