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.
Raleigh, NC
Raleigh has no city ordinance regulating residential lawn ornaments, statuary, or year-round decor. UDO setback rules in Section 1.5.5 apply to permanent str...
Raleigh, NC
Raleigh has no city ordinance regulating residential holiday inflatables. General noise rules under Raleigh Code Chapter 12 and right-of-way rules under Code...
Raleigh, NC
Raleigh has no city ordinance regulating residential holiday lights. There is no display-window restriction, brightness cap, or duration limit. UDO outdoor l...
Raleigh, NC
Raleigh requires building, gas, electrical, and plumbing trade permits for built-in outdoor kitchens with utility connections under the NC State Building Cod...
Raleigh, NC
Raleigh has no city ordinance specifically regulating residential wood-fired smokers or pizza ovens. Smoke nuisance complaints fall under Raleigh Code Sectio...
Raleigh, NC
Raleigh prohibits open-flame cooking devices and LP-gas containers over 1 pound on combustible balconies of multi-family buildings under the North Carolina F...
See how Raleigh's eviction notice & process rules stack up against other locations.
Help us keep this page accurate. If you notice an error or outdated information, let us know.