North Carolina Eviction Laws
North Carolina rules on eviction for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: If the lease has no forfeiture (re-entry) clause for nonpayment, the landlord must make a demand for all past-due rent and wait 10 days before the term is forfeited. N.C. Gen. Stat. § 42-3; § 42-26(a)(2)
The rules in North Carolina
| Notice for unpaid rent | If the lease has no forfeiture (re-entry) clause for nonpayment, the landlord must make a demand for all past-due rent and wait 10 days before the term is forfeited. If the lease has such a clause, the statute requires no pre-filing notice. NC Judicial Branch: 'In general, landlords are not required to send an eviction notice before filing an eviction.' (https://www.nccourts.gov/help-topics/housing/landlordtenant-issues) |
|---|---|
| Notice for lease violations | No statutory cure or notice period. Eviction for a lease violation is allowed only if the lease provides that the tenant's estate ends (forfeiture/re-entry clause) on that breach. § 42-26 requires a demand for surrender of the premises before removal of a holdover. Source: N.C. Gen. Stat. § 42-26(a)(2) |
| Lockouts & utility shutoffs | Residential tenants may be removed only through the court summary ejectment process; actual or constructive removal (e.g., lockouts, utility cutoffs) is prohibited. Tenant may recover possession or terminate the lease, plus actual damages (no punitive or treble damages). NC Judicial Branch: landlords cannot force tenants out 'by changing the locks, turning off utilities or removing the doors.' Distress/distraint of tenant property also prohibited (§ 42-25.7). |
How an eviction case works in North Carolina
Eviction cases are heard in: District Court, small claims division (magistrate); appeal to District Court for a new trial.
- Notice (if required): 10-day demand for rent if the lease lacks a forfeiture clause (§ 42-3); notice to quit for holdovers (§ 42-14)
- Landlord files a Complaint in Summary Ejectment with the clerk of superior court
- Clerk issues summons to appear within 7 days (excluding weekends/holidays); served by sheriff (mail plus attempted personal delivery or posting) or certified mail (§§ 42-28, 42-29)
- Hearing before a magistrate; judgment for possession (§ 42-30)
- 10-day appeal period to District Court; landlord cannot remove the tenant until it ends; tenant can stay execution on appeal by paying undisputed rent into court (§ 42-34)
- Clerk issues Writ of Possession; sheriff must execute within 5 days of receipt, gives notice of the approximate time, and the landlord padlocks the unit (§ 42-36.2)
Landlords: how to evict a tenant in North Carolina — steps, costs, timeline and forms.
Eviction court and fees by county
- Mecklenburg County (Charlotte)
- Wake County (Raleigh)
- Guilford County (Greensboro, High Point)
- Durham County (Durham)
- Cumberland County (Fayetteville)
- Forsyth County (Winston-Salem)
- New Hanover County (Wilmington)
- Pitt County (Greenville)
- Buncombe County (Asheville)
- Gaston County (Gastonia)
- Onslow County (Jacksonville)
- Alamance County
- Cabarrus County
- Iredell County
- Orange County
- Johnston County
- Catawba County
- Wayne County
- Davidson County
- Rowan County
- Randolph County
- Union County
- Robeson County
Free calculators
- Notice Deadline Calculator — Enter the date a notice was delivered and see the date it runs out under your state's law.
Templates
Related questions
- Can a landlord evict you without going to court, change the locks or shut off utilities?
- How long does an eviction take?
- How much notice does a landlord have to give before an eviction?
North Carolina vs. neighboring states
| State | Notice for unpaid rent | Notice for lease violations | Lockouts & utility shutoffs |
|---|---|---|---|
| North Carolina | If the lease has no forfeiture (re-entry) clause for nonpayment, the landlord must make a demand for all past-due rent and wait 10 days before the term is forfeited. If the lease has such a clause, the statute requires no pre-filing notice. N.C. Gen. Stat. § 42-3; § 42-26(a)(2) | No statutory cure or notice period. Eviction for a lease violation is allowed only if the lease provides that the tenant's estate ends (forfeiture/re-entry clause) on that breach. N.C. Gen. Stat. § 42-26(a)(2) | Residential tenants may be removed only through the court summary ejectment process; actual or constructive removal (e.g., lockouts, utility cutoffs) is prohibited. Tenant may recover possession or terminate the lease, plus actual damages (no punitive or treble damages). N.C. Gen. Stat. §§ 42-25.6, 42-25.9(a) |
| Georgia | Before filing a dispossessory affidavit for unpaid rent, late fees, utilities, or other charges, the landlord must give the tenant a notice to vacate or pay all past-due amounts within three business days. The notice must be posted in a sealed envelope conspicuously on the door of the property AND delivered by any additional method(s) agreed upon in the rental agreement. O.C.G.A. § 44-7-50(c), (d) (as amended by HB 404, 2024 Safe at Home Act, Act 392) | No statutory cure period. Landlord must demand possession before filing for eviction, and lease notice terms must be followed. For leases entered into or renewed on or after July 1, 2024, the demand for possession must be posted in a sealed envelope conspicuously on the door of the property and also delivered by any additional method agreed in the lease. O.C.G.A. § 44-7-50(a), (d) (as amended by HB 404, 2024) | Self-help eviction is illegal: landlord cannot remove a tenant or block access without the court dispossessory process. A landlord may not knowingly and willfully suspend a tenant's utility service before the final disposition of a dispossessory case the landlord has filed against that tenant; 'utilities' means cooling, heat, light, and water service. Violation is a crime punishable by a fine of up to $500. O.C.G.A. § 44-7-14.1 (definition amended by HB 404, 2024); Georgia Landlord-Tenant Handbook (DCA, rev. 8-29-24), pp. 7, 12, 17 |
| South Carolina | If rent is unpaid and not paid within 5 days of the due date, the landlord may terminate after written notice of nonpayment and intent to terminate. If the written lease contains the statutory notice language in bold, conspicuous type, the lease itself serves as the notice. S.C. Code § 27-40-710(B); § 27-37-10(B) | Written notice specifying the breach; rental agreement terminates on a date at least 14 days after receipt unless the tenant cures within 14 days. S.C. Code § 27-40-710(A) | If the landlord unlawfully removes or excludes the tenant or willfully diminishes/interrupts essential services, the tenant may recover possession or terminate, and recover the greater of 3 months' periodic rent or twice actual damages, plus reasonable attorney's fees. S.C. Code § 27-40-660 |
| Tennessee | 14 days. URLTA counties: written notice that the lease will end unless the rent is paid within 14 days after the tenant receives the notice. The tenant can cure by paying. Notice may be waived only by a waiver in 12-point or larger bold type in the lease, and the 5-day late-fee grace period still applies. Non-URLTA counties: 14 days' notice for rent that is due and in arrears, upon demand. The lease does not end if the tenant pays before the date in the notice. T.C.A. 66-28-505(a)(2), (b); 66-28-201(c); 66-7-109(a) | URLTA counties: (1) a breach that can be fixed by paying money or repairs: 14 days to cure, or the lease ends; (2) any other material breach: termination no less than 14 days after the tenant receives notice; (3) the same breach again within 6 months: 7 days' written notice; (4) violent acts, real and present danger, hazardous or unsanitary conditions, or an unauthorized occupant who refuses to leave: termination 3 days after the tenant receives written notice. Non-URLTA counties: 14 days for damage beyond normal wear and tear (curable) or for violent or dangerous behavior; 30 days for all other lease defaults; 3 days for violent acts, drug-related criminal activity, or dangerous behavior (except tenants who are mentally or physically disabled). T.C.A. 66-28-505(a); 66-28-517(a); 66-7-109(a), (b), (d) | URLTA counties: if a landlord unlawfully removes or excludes the tenant, or willfully cuts essential services required by the lease, the tenant may recover possession or end the lease. In either case the tenant may recover actual damages, punitive damages when appropriate, and reasonable attorney's fees. If the lease ends, the landlord must return all prepaid rent and deposits. All counties: a person may enter and take possession of property only where the law gives a right of entry, and then only peaceably. Entering a home occupied by another and holding it by force, threats or intimidation, removing the occupant's belongings, or entering peaceably and then keeping the occupant out by force or terror is a forcible entry and detainer. Outside URLTA counties, no statute sets a specific damages remedy for a lockout or utility shutoff. T.C.A. 66-28-504; 66-28-517(d); 29-18-101 to 29-18-103 |
| Virginia | 14-day written pay-or-quit notice. Va. Code 55.1-1245(F) | Remediable breach: 21 days to remedy, lease terminates not less than 30 days after notice if not remedied. Non-remediable breach: termination not less than 30 days after notice; immediate termination for non-remediable criminal or willful acts threatening health or safety. Repeat breach of like nature: 30-day termination notice without cure. Va. Code 55.1-1245(A)-(E) | Willful unlawful removal/exclusion of a tenant or interruption of an essential service without court authority: tenant may recover actual damages plus statutory damages of $5,000 or four months' rent, whichever is greater, and reasonable attorney fees; court may order return to the unit and restoration of services. Va. Code 55.1-1243.1 |
City rules that may add to state law
More North Carolina rental law
- North Carolina Security Deposit Law
- North Carolina Notice to Vacate Rules
- Landlord Entry Rules in North Carolina
- North Carolina Repairs & Tenant Remedies
- North Carolina Rent Increase & Late Fee Laws
- Breaking a Lease in North Carolina
- Squatters' Rights in North Carolina
- North Carolina Rental Fee Rules
- North Carolina Section 8, Records & Right to Counsel
- North Carolina Mold, Pests, Heat & AC Rules
- North Carolina Privacy, Guests & Animal Rules
- North Carolina Landlord Selling the House
- North Carolina Lockouts, Utility Shutoffs & Retaliation
- North Carolina Subletting, Lease Endings & Tenant Death
- All North Carolina landlord-tenant rules
- Free legal help in North Carolina
Compare eviction in all 50 states and DC →
North Carolina Eviction Laws FAQ
How much notice does a landlord have to give before evicting for unpaid rent in North Carolina?
If the lease has no forfeiture (re-entry) clause for nonpayment, the landlord must make a demand for all past-due rent and wait 10 days before the term is forfeited. If the lease has such a clause, the statute requires no pre-filing notice. (N.C. Gen. Stat. § 42-3; § 42-26(a)(2))
How much notice is required to evict for a lease violation in North Carolina?
No statutory cure or notice period. Eviction for a lease violation is allowed only if the lease provides that the tenant's estate ends (forfeiture/re-entry clause) on that breach. (N.C. Gen. Stat. § 42-26(a)(2))
Can a landlord change the locks or shut off utilities in North Carolina?
Residential tenants may be removed only through the court summary ejectment process; actual or constructive removal (e.g., lockouts, utility cutoffs) is prohibited. Tenant may recover possession or terminate the lease, plus actual damages (no punitive or treble damages). (N.C. Gen. Stat. §§ 42-25.6, 42-25.9(a))
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.