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.
Huntersville, NC
Commercial noise from businesses in Huntersville must not exceed plainly-audible limits at the property line of adjacent residential districts. Loading dock ...
Huntersville, NC
Gas-powered leaf blowers are permitted in Huntersville during normal construction noise hours of 7 AM to 7 PM. No decibel cap specific to leaf blowers exists...
Huntersville, NC
Aircraft noise is preempted by the FAA and not subject to Huntersville Chapter 92. Charlotte Douglas International Airport (CLT) and the smaller Lake Norman ...
Huntersville, NC
Huntersville permits on-street parking on most residential streets unless posted otherwise. Vehicles must park in the direction of travel, within 12 inches o...
Huntersville, NC
North Carolina has no shared fence cost statute, so each Huntersville property owner pays for their own fence. Boundary disputes are civil matters resolved t...
Huntersville, NC
Huntersville UDO allows fences up to 6 feet in side and rear yards and 4 feet in front yards. Corner lots have additional sight-triangle restrictions. Fences...
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