What is a 10-Day Notice to Quit?
The 10-Day Notice to Quit in North Carolina is a legal document the property owner serves to the tenant in an attempt to fix a lease violation or non-payment of rent. It’s essential to observe the practice of serving proper notices to avoid prolonging the eviction procedure more than necessary.
If you fail to provide timely notices or immediately file for an eviction, this can result in the tenant staying in the property even longer. Thus, you must be aware that you are required to send a 10-day notice first before rushing to evict a tenant.
Laws to Follow for Serving 10-Day Notice to Quit in North Carolina
There are regulations you must follow when serving a 10-Day Notice to Quit in North Carolina. The notice must include the following:
How to Serve a North Carolina 10-Day Notice to Quit
In North Carolina, there are several ways the landlord can serve the notice:
- It’s largely dependent on what was established in the leasing agreement. This can be in written format and hand-delivered to the tenant. This can also include emails and messages. The method of delivery must be according to the lease and if it’s not stated then it’s good practice to give written notice.
- By mailing the notice via First Class Mail, you can request a return receipt. This is to guarantee that the tenant was able to receive the mailed notice. It will serve as proof in the event that a tenant may deny receiving such notice.
The Length of the North Carolina Notice Period
In many states, the time period for this kind of notice is 3 days. However, as per North Carolina landlord-tenant law, the notice period in North Carolina is 10 days.
Information to Include in the 10-Day Notice to Pay Rent or Quit
- The specific date when the notice was handed to the tenant.
- The tenant’s complete name and address.
- Your full name as the property owner or landlord.
- The full rent amount the tenant must pay.
- Your signature.
- The deadline for the tenant to pay the rent.
- The stipulation that you will proceed with filing for eviction if the tenant fails to make the payment within the prescribed time.
Reasons to Send a Tenant a 10-Day Notice to Pay or Quit
There are many reasons you may need to serve a 10-Day Notice to Quit in North Carolina. Here are some of the most common reasons:
- The tenant has failed to pay their rent and lapsed the applicable grace period.
- The tenant is guilty of committing a breach of the leasing agreement, such as subletting the property without your permission.
- The tenant has damaged the property or is guilty of committing health hazards.
- The tenant is guilty of committing illegal and criminal acts on the premises.
- The tenant has continued to stay in the rental unit even if the tenancy has already expired.
The Outcome of Serving 10-Day Notice in North Carolina
The outcome of serving a 10- Day Notice to Quit in North Carolina will go one of two ways:
1.The Tenant Obeys the Notice
In this case, the tenant is given an opportunity to meet their rental obligation and pay the rent within the 10-day period. They could also correct the leasing violation they committed within the 10-day period. If they're able to cure and remedy the conditions in a satisfactory manner then they will be allowed to continue their tenancy.
However, if a lease contains a “forfeiture clause”, you can still choose to evict the tenant from the premises even if they have paid the rent. Therefore, it’s important to check whether the lease or rental agreement includes a forfeiture clause and a notice clause.
A forfeiture clause gives you the authority to end the lease earlier than the specified date in the lease. A notice clause informs you what type of notice to hand the tenant prior to starting the eviction process. In North Carolina, forfeiture and notice clauses will provide you with a blueprint on how the eviction procedure must unfold.
This is a powerful clause such that if the forfeiture clause instructs that no prior notice to the tenant is necessary before filing for eviction then it means the tenant is not provided with one. This allows you to proceed to the court and file for eviction immediately without informing the tenant.
Other than acting as a waiver, a forfeiture and notice clause can also set new terms and conditions. For example, the clause may state that you must send a 5-day written notice to the tenant to pay the due rent or move out.
The specific Forfeiture and Notice clauses outlined in the lease will supersede North Carolina’s mandatory 10-Day Notice to Quit.
2. The Tenant Disregards the Notice
If the tenant chooses not to comply, you can proceed to file Summary Ejection papers. A hearing will be expected to take place within 14 days from the date of your filing.
Tenants who wish to defend their positions and fight the eviction must appear in court. The tenant will be provided with a period of ten (10) days to file for an appeal at the court. If the tenant has not made an appeal, he is given seven (7) days from the filing of a Writ of Possession to move out and clear his belongings from the premises.
As a landlord, you should not change the locks of your property until the tenant is deemed legally evicted. The Sheriff will be authorized to physically remove the tenant from the premises.
Disclaimer: Please note that this blog should not be used as a substitute for legal advice from a licensed attorney in North Carolina. Laws frequently change and this post might not be updated at the time of your reading. Please contact us for any questions you have in regards to this content or any other aspect of your property management needs.