North Carolina Eviction Notice Overview
North Carolina does not use a 7-day eviction notice. Under NCGS 42-3, landlords must give a 10-day notice(called a 'demand for rent') for non-payment before filing a summary ejectment action. The 10-day period is measured from the rent due date, and the notice must be in writing. North Carolina evictions are filed in Small Claims Court (Magistrate division).
North Carolina's landlord-tenant law is found in NCGS Chapter 42. The state uses a summary ejectment procedure for evictions. NC has 100 counties with Magistrate Courts. Mecklenburg County (Charlotte), Wake County (Raleigh), and Guilford County (Greensboro) handle the highest volumes. NC requires the complaint to be filed after the 10-day notice period expires.
10 Days
Notice period
$96
Filing fee
NCGS Ch. 42
Governing law
Small Claims
Court level
Why North Carolina Uses 10 Days, Not 7
Important: NC Requires a 10-Day Notice, Not 7
NCGS 42-3 requires a 10-day notice for non-payment. The 10 days run from the rent due date, not from when the notice is served. Using a 7-day notice would be insufficient.
North Carolina Notice Periods at a Glance
- 10-Day Notice — Non-Payment (NCGS 42-3): 10 days from rent due date before filing; tenant may pay to cure
- Lease Term — Lease Violations: Notice based on lease terms for material violations
- 7-Day Notice — Month-to-Month (NCGS 42-14): 7 days before end of rental period for month-to-month tenancies
- Immediate — Criminal Activity: For drug trafficking or other specified criminal activity
North Carolina Notice Requirements
North Carolina courts require that eviction notices meet specific content and format standards. An incomplete or incorrectly timed notice will result in dismissal of the eviction case.
Required Notice Content
- Property Address: Full address including unit number, city, and zip code
- Tenant Names: All tenants named on the lease or rental agreement
- Amount Owed or Violation: Exact dollar amount of rent due, or specific description of the lease violation
- Correct Notice Period: 10 days for non-payment as required by North Carolina law
- Consequence Statement: That eviction proceedings will be filed if the tenant does not cure or vacate
- Landlord Information: Name and contact information of the landlord or property manager
How to Serve an Eviction Notice in North Carolina
North Carolina law provides specific methods for serving eviction notices. Proper service and documentation are essential for the court filing.
Personal Delivery
Hand-deliver to the tenant in person.
Certified Mail
Send via certified mail with return receipt.
Posting on Premises
Post on the door. NC law accepts this method.
Document Service
Prepare proof of service for the Magistrate Court filing.
North Carolina Eviction Timeline
The North Carolina eviction process follows a specific timeline from notice through court proceedings to enforcement.
Rent due date + 10-day grace period per NCGS 42-3
File summary ejectment complaint in Small Claims Court
Hearing set; tenant served with summons
Hearing held; if landlord prevails, judgment entered; tenant has 10 days to appeal
Writ of possession issued; sheriff enforces removal
NC evictions take 4-6 weeks uncontested. Contested cases take 6-12 weeks. Mecklenburg and Wake Counties may have longer wait times. NC allows the tenant 10 days to appeal to District Court for a new trial.
North Carolina Eviction Fees & Costs
Below are the typical costs for an eviction proceeding in North Carolina Small Claims Court (Magistrate). Actual fees may vary by county.
| Fee / Cost | Typical Amount |
|---|---|
| Small Claims Filing Fee | $96 |
| Service of Process | $20 - $40 |
| Writ of Possession | $25 - $50 |
| Attorney Fees (optional) | $500 - $2,000 |
| Appeal Filing Fee | $150 |
Sample North Carolina Eviction Notice
Below is a preview of a North Carolina-compliant eviction notice that meets the requirements of NCGS 42-3.
10-DAY DEMAND FOR RENT
STATE OF NORTH CAROLINA
Pursuant to NCGS 42-3
LANDLORD:
Name: [Full Legal Name]
Address: [North Carolina Address]
TENANT(S):
Name(s): [All Tenant Names]
Rental Address: [Full Property Address]
NOTICE:
You have TEN (10) DAYS from the date rent was due to pay $[Amount] in full or vacate.
NORTH CAROLINA COMPLIANCE NOTE
NC requires a 10-day notice from the rent due date (NCGS 42-3), not 7 days.