North Carolina Eviction Notice
Create a proper North Carolina eviction notice — pay-or-quit, cure-or-quit, or termination — and download a print-ready PDF. Free, no signup. The preview updates as you type.
Maintained by Rapi Stack · Every state-specific figure on this page is cited to its statute or official agency page · Dataset last verified 2026 · Not legal advice.
What happens after the notice in North Carolina
If the tenant does not comply, the eviction moves to court. These are North Carolina’s own rules for that step, from the judiciary and the statute.
- What the case is called. In North Carolina an eviction lawsuit is a(n) Summary ejectment action. — NC Judicial Branch — Landlord/Tenant Issues; G.S. 42-26 (Article 3, Summary Ejectment) ↗
- Where to file. If the tenant doesn’t comply with the notice, the landlord files in the Small Claims Court (magistrate), District Court Division of the General Court of Justice; appeals to District Court judge. — NC Judicial Branch — Landlord/Tenant Issues help topic (snapshot 2026-02-10) ↗
- How to serve the notice. Statute sets no service method for a pre-suit notice; per NC Courts a pre-filing eviction notice is generally not required. Court papers are served by certified mail (return receipt) or sheriff (personal, then posting). — NC Judicial Branch — Landlord/Tenant Issues (snapshot 2026-02-10); see G.S. 42-14 for notice-to-quit periods ↗
- Filing fee. $96 uniform for magistrate (small claims) summary ejectment: $80 General Court of Justice fee + $12 facilities fee + $4 Court IT fee (G.S. 7A-305); plus sheriff service fees — G.S. 7A-305(a) (ncleg.gov, snapshot 2026-01-13) ↗
- Official guidance. North Carolina publishes its own instructions for the court step; read them before filing. — NC Judicial Branch — Landlord/Tenant Issues help topic (snapshot 2026-02-10) ↗
- No self-help. G.S. 42-25.6: residential tenant may be evicted only under Article 3 (summary ejectment) or Article 7 procedure; G.S. 42-25.9 gives tenant damages/possession for any other removal — G.S. 42-25.6 (1981, c.566; 1995, c.419) — ncleg.gov snapshot 2026-01-20 ↗
Each point links to the North Carolina source it was taken from. Rules change; confirm before relying on them.
North Carolina notice periods · as of 2026
- Non-payment of rent
- 10 days
- Lease violation (cure)
- Often unconditional
- End month-to-month
- 7 days
Source: N.C. Gen. Stat. § 42-3; § 42-14 · verify ↗. Using the wrong number can void the notice — confirm the current rule before you serve it.
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Types of eviction notice
- Pay or quit — for unpaid rent: pay by the deadline or move out.
- Cure or quit — for a lease violation: fix it by the deadline or move out.
- Unconditional / termination — to end a month-to-month tenancy or for serious violations.
North Carolina notice period & service
The number of days and how you must deliver the notice are set by North Carolina law — get both right, keep proof of service, and never lock out or remove a tenant yourself. Check the current North Carolina eviction rules before serving.
If the tenant moves out still owing rent, the notice won’t collect it. Put the amount and a deadline in writing with a North Carolina demand letter for payment; if it’s ignored, you can file in North Carolina small claims court, where the limit is $10,000.
Frequently asked questions
How many days notice do I have to give in North Carolina?
In North Carolina, a non-payment (pay-or-quit) notice must give the tenant 10 days to pay or leave (as of 2026). Source: N.C. Gen. Stat. § 42-3; § 42-14. Notice periods for lease violations or ending a tenancy differ — see the box on this page and confirm current law before serving.
How do I serve the notice in North Carolina?
States set rules for delivery — often personal delivery, leaving it with an adult at the home, and/or mailing a copy. Keep proof of how and when you served it. Improper service is a common reason eviction cases get dismissed, so follow North Carolina’s method carefully.
Do I need a lawyer?
Not always for the notice itself, but eviction is technical and a small mistake can restart the clock. For contested cases, commercial properties, or if the tenant has an attorney, it’s worth consulting a landlord-tenant lawyer in North Carolina.
Where does a landlord file an eviction case in North Carolina?
If the tenant does not comply with the notice, the landlord files in the Small Claims Court (magistrate), District Court Division of the General Court of Justice; appeals to District Court judge (the case is called a(n) Summary ejectment action). Source: NC Judicial Branch — Landlord/Tenant Issues help topic (snapshot 2026-02-10).
How must an eviction notice be served in North Carolina?
Statute sets no service method for a pre-suit notice; per NC Courts a pre-filing eviction notice is generally not required. Court papers are served by certified mail (return receipt) or sheriff (personal, then posting). Source: NC Judicial Branch — Landlord/Tenant Issues (snapshot 2026-02-10); see G.S. 42-14 for notice-to-quit periods.
What does it cost to file an eviction in North Carolina?
$96 uniform for magistrate (small claims) summary ejectment: $80 General Court of Justice fee + $12 facilities fee + $4 Court IT fee (G.S. 7A-305); plus sheriff service fees Source: G.S. 7A-305(a) (ncleg.gov, snapshot 2026-01-13).
How does North Carolina compare? See the notice periods in all 50 states, every figure cited to statute. Not sure which notice applies? Try the 2-question wizard.
How North Carolina compares
Computed from our 51-jurisdiction dataset (as of 2026). Source for North Carolina: N.C. Gen. Stat. § 42-3; § 42-14 ↗.
- Notice to pay rent or quit
Notice to pay rent or quit: 10 days — about 2× the national median of 5 days across the 47 states with a statutory rule.
This is the most common figure nationally — shared by 7 other states.
Notice to pay rent or quit in neighboring states — Georgia (3 days), South Carolina (5 days), Tennessee (14 days), Virginia (14 days).
- Notice to cure a lease violation
North Carolina sets no statutory cure period for lease violations; check the lease and local court rules before serving.
Notice to cure a lease violation in neighboring states — Georgia (no statutory rule), South Carolina (14 days), Tennessee (14 days), Virginia (21 days).
- Notice to end a month-to-month tenancy
Notice to end a month-to-month tenancy: 7 days — well under the national median of 30 days across the 51 states with a statutory rule.
Ranked #50 of 51 states — higher means a longer notice period.
No other state uses exactly this figure.
Notice to end a month-to-month tenancy in neighboring states — Georgia (60 days), South Carolina (30 days), Tennessee (30 days), Virginia (30 days). North Carolina's 7 days is the shortest among its neighbors.
The rest of what North Carolina requires
The figures below are North Carolina's, not national averages — each one is the value we verified for this state, with the statute it comes from. Follow a row to the full North Carolina page for that document.
- Security deposit cap · as of 2026
- 2 months' rent (1.5 if term under 1 yr) N.C. Gen. Stat. §42-51 ↗
- Deposit return deadline · as of 2026
- 30 days after move-out N.C. Gen. Stat. §42-51 ↗
- Notice to end a month-to-month tenancy · as of 2026
- 7 days N.C. Gen. Stat. §42-51 ↗
- Small claims limit · as of 2026
- $10,000 N.C.G.S. § 7A-210 ↗
- Where you file · as of 2026
- Small Claims Court (heard by a Magistrate, District Court division) · filing fee $96 per the NC Judicial Branch court costs chart; statutory base $92 under G.S. 7A-305(a) ($80 General Court of Justice fee for magistrate cases + $12 facilities fee) plus a telecommunications component N.C.G.S. § 7A-210 ↗
- Rental application fee · as of July 2026
- No statutory limit North Carolina General Assembly ↗
- Bill of sale notarization · as of 2026
- Not required North Carolina NCDMV / DMV.ORG ↗
- Power of attorney signing · as of 2026
- Notarization required N.C. Gen. Stat. §32C-1-105 (form §32C-3-301) ↗
- LLC operating agreement · as of 2026
- Not required by statute, but it controls over the default rules N.C. Gen. Stat. § 57D-1-03 (definition of operating agreement) ↗
- Recording a deed · as of 2026
- Register of Deeds · no witnesses N.C. Gen. Stat. § 47-14 ↗
Eviction notice in other states
More North Carolina legal forms
- North Carolina Bill of Sale
- North Carolina Residential Lease Agreement
- North Carolina Power of Attorney
- North Carolina Rental Application
- North Carolina Small Claims Guide
- North Carolina Demand Letter
- North Carolina Security Deposit Demand Letter
- North Carolina Quitclaim Deed
- North Carolina LLC Operating Agreement
Different state? See eviction notices by state →