Eviction notices in North Carolina

The lease is forfeited for nonpayment only if the tenant fails to pay within 10 days after the landlord demands all past-due rent (N.C.G.S. § 42-3). If the written lease itself says the tenancy ends for nonpayment, the landlord may instead rely on that clause and need only demand possession (§ 42-26(a)(2); NC Judicial Branch). The statute does not require the demand to be in writing.

Can the tenant pay to stop it? Paying all past-due rent within 10 days after the demand avoids forfeiture; after filing, paying or tendering the rent due and court costs before judgment stops the case.

Type:

Pay or move out

Notice period:

10 days

Law:

N.C.G.S. § 42-3; § 42-26(a)(2); § 42-33

A landlord may evict for a lease violation only if the lease says the tenancy ends for that violation; the landlord must demand surrender of possession before filing, but no statute sets a waiting period (N.C.G.S. § 42-26(a)(2); NC Judicial Branch: landlords generally need not send an eviction notice).

Chance to fix it: No statutory right to cure.

Type:

Varies

Notice period:

No fixed number of days

Law:

N.C.G.S. § 42-26(a)(2)

Under the expedited eviction law the court must order immediate eviction where it finds criminal activity in the unit or by the tenant, household or guest on or near the premises; no pre-filing notice period is set by statute (N.C.G.S. §§ 42-59, 42-63).

When it applies: Criminal activity (drug offenses or other crimes threatening health, safety or peaceful enjoyment) on the premises.

Notice period:

No fixed number of days

Law:

N.C.G.S. § 42-63

Statutory periods are computed under Civil Procedure Rule 6(a) (N.C.G.S. § 1-593): the day of the demand is excluded, the last day is included unless it is a Saturday, Sunday or legal holiday when the courthouse is closed (then the next such day), and for periods under 7 days intermediate weekends and holidays are excluded. Rule 6(e) adds 3 days after service by mail where a party must act within a period after service of a notice.

The statute does not prescribe how the 10-day demand is delivered (N.C.G.S. § 42-3). The summary ejectment summons and complaint are served by the sheriff (mailing plus personal or abode service, or posting) or by certified mail (§ 42-29; NC Judicial Branch).

The landlord files a Complaint in Summary Ejectment; the clerk issues a summons to appear before a magistrate within 7 days, excluding weekends and holidays (N.C.G.S. § 42-28). Either side may appeal to district court within 10 days (§ 7A-228); to stay eviction during appeal the tenant must pay the undisputed rent arrears found by the magistrate (unless indigent) and sign and file a Bond to Stay Execution agreeing to pay rent as it comes due (NC Judicial Branch). After 10 days the landlord may get a writ of possession, which the sheriff executes within 5 days after giving notice (§ 42-36.2). A residential tenant may be removed only through the court process (§ 42-25.6); self-help removal makes the landlord liable for damages (§ 42-25.9).

• Late fees may be charged only when rent is 5 or more calendar days late (N.C.G.S. § 42-46(a)).
• Arrears for utility charges under G.S. 62-110(g)/(h) cannot be grounds to terminate (§ 42-26(b)).

• North Carolina notice to end a month-to-month tenancy (no-cause notice by tenant or landlord)
• North Carolina security deposit law: deadlines after move-out
• Federal 30-day notice for covered properties (CARES Act)

• N.C.G.S. § 42-3 Retrieved October 13, 2026.
• N.C.G.S. § 42-26 Retrieved October 13, 2026.
• N.C.G.S. § 42-28 Retrieved October 13, 2026.
• N.C.G.S. § 42-29 Retrieved October 13, 2026.
• N.C.G.S. § 42-33 Retrieved October 13, 2026.
• N.C.G.S. § 42-25.6 Retrieved October 13, 2026.
• N.C.G.S. § 42-25.9 Retrieved October 13, 2026.
• N.C.G.S. § 42-36.2 Retrieved October 13, 2026.
• N.C.G.S. § 42-59 Retrieved October 13, 2026.
• N.C.G.S. § 42-63 Retrieved October 13, 2026.
• N.C.G.S. § 42-46 Retrieved October 13, 2026.
• N.C.G.S. § 7A-228 Retrieved October 13, 2026.
• N.C.G.S. § 1-593 Retrieved October 13, 2026.
• N.C.G.S. § 1A-1, Rule 6 Retrieved October 13, 2026.
• NC Judicial Branch: Landlord/Tenant Issues Retrieved October 13, 2026.

Laws change. This page was checked against the sources above on October 13, 2026. It is legal information, not legal advice; if you have an eviction case, contact your state's legal aid. See our methodology.