North Carolina Complaint for Unlawful Detainer - Residential Tenant Holding Over after Expiration of Term

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Multi-State
Control #:
US-03315BG
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Description

Unlawful detainer applies to a tenant who holds over against a landlord after there has been a termination of the tenancy and an unsuccessful demand for possession. The action may relate to either residential or commercial property.


An unlawful detainer action may only be used when the tenant is unlawfully holding over. Since an action in an unlawful detainer involves a forfeiture of the tenant's right to possession, the landlord must plead and prove that the tenant remains in unlawful possession of the premises. If the tenant surrenders the premises to the landlord before the filing of the complaint, the landlord's remedy is an action for damages and rent.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

If you are evicting tenant for staying past the end of their lease (a ?holdover? tenant), then you must give the tenant different types of notice depending on their specific lease agreement: if it was a monthly rent payment, then you must give a seven (7) day notice; if it was yearly payment of rent, then you must give ...

In North Carolina, you can't withhold your rent except in two very specific scenarios: 1) if you landlord agrees you can not pay rent in writing or 2) if a judge or civil magistrate after a court hearing enters a written order that you do not have to pay rent.

Non-renewal of lease after the end of the rental period As long as the tenant does not violate any rules, they can stay until their rental period ends. However, if the tenant becomes a "holdover" tenant, the summary ejectment may begin after the appropriate notice period.

The North Carolina Office of Administrative Hearings and the Fair Housing Act prohibit landlords from discriminating against potential tenants because of their race, religion, familial status, sex, gender, etc.

A holdover case is brought to evict a tenant or a person in the apartment who is not a tenant for reasons other than simple nonpayment of rent. A holdover case is much more complicated than a nonpayment case. A holdover proceeding can have many variations.

§ 42-14. A tenancy from year to year may be terminated by a notice to quit given one month or more before the end of the current year of the tenancy; a tenancy from month to month by a like notice of seven days; a tenancy from week to week, of two days.

As long as the tenant does not violate any rules, they can stay until their rental period ends. However, if the tenant becomes a "holdover" tenant, the summary ejectment may begin after the appropriate notice period.

For month-to-month leases, there must be seven days of notice. For year-to-year leases or those with other definite terms, landlords must notify the tenant, or vice versa, within a month of the end of the lease. On leases lasting between one week and one month, notice must be given at least two days in advance.

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North Carolina Complaint for Unlawful Detainer - Residential Tenant Holding Over after Expiration of Term