North Carolina Statewide Rule
North Carolina Eviction Notice and Summary Ejectment
Key Facts
- Nonpayment demand
- 10-day demand for rent (§ 42-3)
- Court process
- Summary ejectment before a magistrate (Article 3)
- Appeal window
- 10 days to district court
- Stay on appeal
- Pay rent into clerk of court (§ 42-34)
- Removal
- Sheriff only, via writ of possession
Summary
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.
§ 42-3. Term forfeited for nonpayment of rent. In all verbal or written leases of real property of any kind in which is fixed a definite time for the payment of the rent reserved therein, there shall be implied a 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, and the lessor may forthwith enter and dispossess the tenant without having declared such forfeiture or reserved the right of reentry in the lease. (1919, c. 34; C.S., s. 2343; 2001-502, s. 2; 2004-143, s. 1.)
Full Breakdown
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.
Violations & Penalties
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.
Frequently Asked Questions
How long is the eviction notice for nonpayment in North Carolina?
Can a North Carolina landlord evict without going to court?
Sources
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