North Carolina Eviction Notice Law
North Carolina's notice period for unpaid rent is 10 days (10-day demand for past-due rent). No North Carolina statute sets a notice period for lease violations.
Last verified: · Researched and cited by MakeLease · not yet attorney-reviewed
Not legal advice. A defective notice can restart an eviction case; ask a North Carolina attorney or court self-help center before serving one. See our disclaimer.
North Carolina eviction notice rules at a glance
| Notice for unpaid rent | 10 days (10-day demand for past-due rent)N.C. Gen. Stat. § 42-3, N.C. Gen. Stat. § 42-26(a) |
|---|---|
| Notice for a lease violation | No state ruleN.C. Gen. Stat. § 42-26(a)(2) |
| Ending a month-to-month tenancy (no-fault) | 7 days (either side)N.C. Gen. Stat. § 42-14 |
What North Carolina law says
What notice must a North Carolina landlord give before filing an eviction for unpaid rent?
Before filing to evict for unpaid rent, make a clear demand for all past-due rent and wait at least 10 days for payment (N.C. Gen. Stat. § 42-3).
How much notice is required for a lease violation in North Carolina?
North Carolina sets no statutory notice or cure period for lease violations; a landlord can evict for a breach only if the lease has a forfeiture (re-entry) clause covering it and the landlord follows the lease's termination procedure exactly (N.C. Gen. Stat. § 42-26(a)(2)).
How much notice ends a month-to-month tenancy in North Carolina?
Either party may end a month-to-month tenancy with a notice to quit given at least seven days before the end of the current rental month (N.C. Gen. Stat. § 42-14).
How North Carolina compares
30 of 49 verified jurisdictions use a shorter unpaid-rent notice.
None of North Carolina's 4 neighbors follows the same rule.
| Unpaid rent · lease violation | States |
|---|---|
| 10 days · no statewide rule | North Carolina |
| 3 business days · no statewide rule | Georgia |
| 5 days · 14 days, with cure | South Carolina |
| 14 days · 14 days, with cure | Tennessee |
| 14 days · 21 days, with cure | Virginia |
Local rules in North Carolina
N.C. Gen. Stat. § 42-14.1 bars cities and counties from regulating private-market rent; local rent limits are allowed only for publicly owned, subsidized or CDBG-assisted property, or for owners receiving local funding or incentives.
Recent changes in North Carolina
- Expedited magistrate removal of squatters (effective ): An owner or authorized representative can file a complaint with the clerk to remove an unauthorized person from residential property. The sheriff must serve within 24 hours and a magistrate hearing follows within 48 hours of service. An occupant who appeals must post a bond of at least $10,000. Tenants, including holdover tenants, are excluded and still go through summary ejectment. N.C.G.S. Ch. 14, Art. 22D (§§ 14-159.50 to 14-159.56), S.L. 2025-88 (S 55) § 2, UNC School of Government, 'Squatters Beware' (Dec. 2025)
- Small-claims appeal clock starts when judgment rendered (effective ): The 10-day period to appeal a magistrate's summary ejectment judgment, and to pay appeal costs, now runs from when the judgment is rendered (in writing or electronically) rather than from entry of judgment. N.C.G.S. §§ 7A-224, 7A-228(a)-(b), S.L. 2024-47 (H 556) §§ 9-10
- Eviction appeal dismissal and faster rent-bond payouts (effective ): A landlord can move to dismiss a tenant's summary ejectment appeal if the tenant raised no defense in small claims and either filed no answer or motion in district court or failed to make bond-to-stay payments. Clerks must now pay the landlord undisputed rent paid into court, and disburse the bond once an appeal is resolved, within 5 business days of a written request. N.C.G.S. §§ 7A-228(d), 42-31, 42-34(e),(g), S.L. 2024-54 (S 445) § 3, § 6, UNC School of Government, Legislative Roundup: Recent Changes Affecting Small Claims, Summary Ejectment, Magistrates, and Real Property Crimes
Other North Carolina rules
| Security deposit limit | 2 months' rent (with exceptions)N.C. Gen. Stat. § 42-51(b), N.C. Gen. Stat. § 42-53 |
|---|---|
| Deposit return deadline | 30 days after move-outN.C. Gen. Stat. § 42-52 |
| Late-fee cap | Monthly rent: greater of $15 or 5% of the monthly rent. Weekly rent: greater of $4 or 5% of the weekly rent. One late fee per late payment. If rent is subsidized (HUD, USDA, State agency, public housing authority or local government), the fee is calculated on the tenant's share of the rent only. No late fee for unpaid water/sewer charges.N.C. Gen. Stat. § 42-46(a)-(b) |
| Entry notice | No state ruleN.C. Gen. Stat. Ch. 42, Art. 5 (silent on landlord entry), N.C. Gen. Stat. Chapter 42 (silent on landlord entry) |
| Rent-increase notice | No state ruleN.C. Gen. Stat. Chapter 42 (no rent-increase provision), N.C. Gen. Stat. § 42-14 |
Read the North Carolina law
Put the rent due date and notice terms in writing
Related
- North Carolina lease agreement
- North Carolina landlord-tenant law
- Eviction notice laws in every state
- North Carolina notice to vacate
- North Carolina late rent notice
- North Carolina rent increase notice
- North Carolina security deposit return letter
- North Carolina lease termination letter
- North Carolina pet addendum