Eviction: Notice to Vacate

If your landlord is evicting you and the eviction is not because of breach of the rental or lease agreement, your landlord must tell you in advance of his intent to evict you and to end the lease agreement.

The amount of notice given and whether it is correct can be complicated. In some specific situations, it is very simple and the lack of proper notice may be the basis to dismiss the complaint.

If there is a written lease agreement, the requirements of the lease must be followed. If the lease requires 30 days prior notice, this means, that the landlord before filing the complaint must give you notice 30 days before the end of the rental term.

For example:

If the landlord gives notice on the 10 th of the month and files the complaint on the 30 th of the month, this notice is incorrect because the landlord did not give the tenant 30 days before filing the complaint.

If there is no lease or the lease does not specify the requirements of the notice to evict then:

• the notice can be oral
• the notice must follow the requirements of the law

North Carolina law requires the following notice to evict or vacate

1. For non-payment of rent, 10 days
2. A year to year lease, 30 days
3. A month to month lease, 7 days
4. A week to week lease, 2 days (not counting weekends)
   

In case of non-payment of rent, if there is no written lease specifying the type of notice, the landlord must demand payment of the rent and wait 10 days before filing the complaint.

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