North Carolina eviction rules for tenants

Notice for unpaid rent

The landlord must demand the past-due rent and wait 10 days before filing (G.S. 42-3), unless your written lease says the landlord can end the lease for nonpayment without that demand. Paying or offering the rent and court costs before the magistrate's judgment stops a nonpayment case (G.S. 42-33).

Notice for a lease violation

No statewide cure notice. The landlord can file if your lease says a violation ends the lease. Criminal activity can also be grounds.

Ending a month-to-month tenancy

7 days' notice for month-to-month (either side). Week-to-week: 2 days. Year-to-year: one month. Manufactured home lot rentals: 60 days. G.S. 42-14.

Time to respond to an eviction lawsuit

No written answer is required. The summons sets a small claims hearing before a magistrate within 7 days of when it is issued (not counting weekends and holidays). Go to the hearing; if you don't, you can be evicted in your absence. Either side has 10 days to appeal to District Court.

Lockouts and utility shutoffs

A landlord may evict only through the court process. Changing the locks, shutting off utilities or removing doors is illegal. If the landlord removes or tries to remove you, you can get back in or end the lease and recover your actual damages (not punitive or triple damages). G.S. 42-25.6, 42-25.9.

Court self-help

The court's eviction self-help page

Law

G.S. 42-3, 42-14, 42-25.6, 42-25.9, 42-26, 42-28, 42-33

Protected acts: a good-faith repair request or complaint to the landlord, a complaint to a government agency, a government complaint against the landlord, enforcing your rights, or joining a tenant organization. If the landlord files an eviction within 12 months after one of these, you can raise retaliation as a defense; if the court agrees, the eviction is denied. The landlord can still win for unpaid rent or a serious lease breach, or for certain other good-faith reasons. G.S. 42-37.1, 42-37.2.

Notice of a rent increase

No statute sets a rent increase notice. For a month-to-month tenancy, a landlord can change the rent by ending the tenancy with 7 days' notice, so in practice notice can be short.

Rent control

No statewide rent control, and cities and counties are forbidden from regulating rent on private housing (G.S. 42-14.1). Since 2024 they also can't require landlords to accept federal housing vouchers.