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.
Wilmington, NC
Wilmington permits construction from 7 AM to 7 PM on weekdays and 8 AM to 5 PM on Saturdays. Sunday construction in residential areas is restricted.
Wilmington, NC
Wilmington regulates noise under Chapter 10, Article IV of the City Code. Unreasonable noise that disturbs the peace is prohibited with stricter enforcement ...
Wilmington, NC
Wilmington regulates RV and boat storage in residential areas. Vehicles must be stored properly and not create a nuisance.
Wilmington, NC
Wilmington regulates on-street parking through posted signs and general ordinances. Vehicles must be registered and may not remain in the same spot for exten...
Wilmington, NC
Wilmington restricts large commercial vehicles in residential zones. Semi-trucks and heavy equipment may not be stored in residential areas.
Wilmington, NC
Wilmington generally does not require building permits for standard residential fences up to 6 feet. Fences must comply with zoning requirements.
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