North Carolina Notice of Default in Payment of Rent as Warning Prior to Demand to Pay or Terminate for Nonresidential or Commercial Property
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FAQ
Tenant Rights to Withhold Rent in North CarolinaTenants may withhold rent or exercise the right to repair and deduct if a landlord fails to take care of important repairs, such as a broken heater.
In North Carolina, nonpayment of rent is the most common ground for eviction. In this case, you are required to give the tenant a 10-day "notice to quit." The notice informs the tenant that they need to pay the rent due within 10 days. Otherwise, they will be evicted.
In short, nothing in the CARES Act or Governor Cooper's Order prohibits evictions for reasons other than late payment or nonpayment of rent, such as evictions related to health, safety, or criminal activity. These types of evictions by a landlord would not violate the Order.
Many landlords will be curious about the North Carolina eviction timeline as they start the process. Usually, the process takes about three to four weeks. You have to wait for the 10 day notice period, followed by the 7-day court summons period. Then, the tenant has up to 10 days to move out.
Notice Requirements for North Carolina Landlords A landlord can simply give you a written notice to move, allowing you seven days as required by North Carolina law and specifying the date on which your tenancy will end.
There are rules both landlord and tenants must follow, as well as separate landlord and tenant responsibilities. The rights of North Carolina tenants include the right to fair housing, security deposit protections, freedom from landlord retaliation and rights for victims of domestic violence.
North Carolina law says that your landlord must keep your housing fit and safe. It also says that you, the tenant, must pay your rent, keep your home clean, and not damage your home. To make the law work, both the tenant and the landlord must do their part.