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North Carolina10 Calendar DaysNCGS § 42-3

North Carolina 10-Day Notice to Pay Rent (NCGS § 42-3)

North Carolina requires a 10-day written notice to pay rent before a landlord can file for Summary Ejectment (eviction). The notice is governed by NC General Statute § 42-3. North Carolina is landlord-friendly in many respects — but the 10-day period is non-negotiable and cannot be shortened by a lease provision.

What the Notice Must Include

A valid North Carolina 10-day notice must state:

  • Tenant's name
  • Property address
  • Amount of rent owed
  • Demand that the tenant pay within 10 days or vacate
  • Landlord's name and address
  • Date of service

How to Count 10 Days in North Carolina

North Carolina counts calendar days. The day of service is not counted as Day 1. If Day 10 falls on a Sunday or court holiday, the deadline extends to the next business day.

Service Methods in North Carolina

North Carolina permits:

  1. Personal delivery — hand directly to the tenant
  2. Posting on the door — if tenant is absent, post in a conspicuous place and mail a copy first-class

Most NC landlords use door posting as tenants are often not home during business hours. Photograph the notice on the door and mail the copy the same day — keep your mailing receipt.

Filing Summary Ejectment

If the tenant fails to pay within 10 days, file a Summary Ejectment complaint at the Magistrate's Court (Small Claims Court) in the county where the property is located. Filing fee is approximately $96. Hearings are typically scheduled within 7 days.

Bring your notice, proof of service, and lease agreement to the hearing.

Late Fees in North Carolina Notices

North Carolina does not restrict including late fees in the 10-day notice amount, provided the late fee is authorized by the lease and complies with NC's late fee cap (the greater of $15 or 5% of the monthly rent). Keep the demand clean by demanding only rent if there's any question about the authorized fee amount.

Frequently Asked Questions

Can my lease shorten the 10-day period?

No. NCGS § 42-3 sets a minimum of 10 days and lease provisions cannot reduce it. Serving a 5-day or 3-day notice in NC is defective.

What if the tenant pays on Day 10?

Payment on or before Day 10 cures the default. You must accept it and the eviction process ends.

Does North Carolina have rent control?

No. North Carolina state law expressly prohibits local rent control ordinances.

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Not legal advice.