For nonpayment of rent, N.C. Gen. Stat. § 42-3 requires a 10-day demand for past-due rent before the lease term is forfeited. The landlord then files summary ejectment under Article 3; a magistrate hears the case, and only the sheriff may remove a tenant after judgment.
Under N.C. Gen. Stat. § 42-3, every residential lease carries an implied condition of "forfeiture of the term upon failure to pay the rent within 10 days after a demand is made by the lessor or his agent on said lessee for all past-due rent." After the 10-day demand passes unpaid, the landlord files a summary-ejectment complaint heard by a magistrate. If the landlord wins, the tenant has 10 days to appeal to district court; to stay execution during appeal, § 42-34 requires the tenant to pay rent in arrears and ongoing rent into the clerk of superior court. Self-help evictions are unlawful, only a sheriff acting on a writ of possession may remove a tenant.
Self-help eviction, lockouts, or utility shutoffs violate North Carolina law and expose the landlord to civil liability under N.C. Gen. Stat. § 42-25.6 and related ejectment statutes.
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
Cary, NC
Cary regulates amplified music under the general noise ordinance. Sound permits available for events. N.C.G.S. §14-288.4 applies to unreasonable disturbances.
Cary, NC
Cary Code of Ordinances Chapter 22, Division 2 prohibits unreasonably loud, disturbing noises that annoy, disturb, or endanger citizens. The ordinance restri...
Cary, NC
Cary regulates construction noise through its general noise ordinance (Chapter 22). Construction activity near residential areas should be confined to reason...
Cary, NC
Cary's noise ordinance covers barking dogs under the general prohibition on disturbing noises. Persistently barking dogs that disturb neighbors may result in...
Cary, NC
Cary's Land Development Ordinance restricts parking of RVs, boats, and trailers in residential areas. These vehicles typically must be stored in rear or side...
Cary, NC
Cary restricts parking of commercial vehicles in residential zones. Large commercial vehicles, semi-trucks, and heavy equipment may not be stored in resident...
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