North Carolina Eviction Laws
All landlords have to follow the North Carolina eviction process if a tenant is not paying the rent or has violated a material provision in the lease that makes eviction a necessity.
Tenant Self Eviction is Unlawful
All North Carolina landlords must obtain a court order to expel a tenant who refuses to leave after notice or demand is given. A landlord who ignores the judicial process may be liable to the tenant for damages.
Self-eviction refers to illegal measures to force a tenant from a leased property. This includes:
- Making threatening the tenant
- Arranging for another tenant to move in before the expiration of the lease
- Denying the tenant access to the property
- Removing the tenant’s personal belongings
- Any other action to forcibly remove the tenant without a court order
North Carolina 10-Day Eviction Notice
The North Carolina eviction notice for nonpayment of rent is 10-days. This can be remedied if the tenant pays rent within the 10-day period. If fit is not paid a legal action will be initiated to evict the tenant.
Lease Violation Tenant Evictions
The North Carolina eviction process does not specify a minimum period for the landlord to give a tenant notice to vacate the property if a material violation of the lease has occurred. In many cases, the written rental agreement will provide a time. Material violations can include having unauthorized pets or persons living on the premises or where a condition that violates the health or safety of others exists.
A landlord still must serve a demand on the tenant or notice that he or she must vacate the unit by a certain date and that the tenancy has terminated because of the major breach. The law does not require a landlord to offer the tenant an opportunity to cure the breach within a certain time, but if the violation can be remedied by payment of an increased security deposit, removal of the pet or individuals or of an offending condition, the landlord will usually provide for it in the demand.
In month-to-month tenancies, the North Carolina eviction notice may only be 7-days and can be oral.
For more information about North Carolina eviction law please visit:http://www.legalaidnc.org/Public/Learn/publications/brochures/BROCHURE_Landlord-TenantLaw_LANC-Greensboro.pdf TenantLaw_LANC-Greensboro.pdf
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