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A North Carolina eviction notice, better known as a notice to quit, is a written document. The landlord or their property management company writes the notice when the tenant fails to adhere to the lease provisions or the rental agreement in some way and must either correct the issue or vacate the property within a certain amount of time (curable violation). In North Carolina, all eviction notices must follow the state’s landlord-tenant laws. Otherwise, the landlord risks providing the tenant defenses they may be entitled to use in an eviction proceeding. It is the first action that a landlord or their agent must take before they can decide to file a legal action against the renter to receive a writ of possession from the courts that they may regain legal possession of the property and, if necessary, remove the renter's personal property.
Since both eviction notices and eviction cases must follow North Carolina eviction laws, landlords and property management companies should get legal advice from an attorney before starting the process. If the North Carolina eviction process is successful against the tenant, the landlord may be entitled to receive money from the tenant such as the filing fees, money for substantial damage, money for unpaid rent, and attorney fees. For certain issues such as drug trafficking, an eviction notice may not allow the tenant to correct the lease violation. Certain issues, such as substantial damage, may allow the landlord to immediately file for an eviction hearing for summary ejectment. The landlord may be entitled to keep the security deposit to repair the rental unit, depending on what the judge decides at the court hearing. Generally, eviction cases are filed in the district court where the rental property is located.
