NOTICE OF LEASE DEFAULT AND DEMAND FOR POSSESSION

(North Carolina Residential Tenancy)

[// GUIDANCE: This form is drafted to satisfy all known statutory notice prerequisites for filing a North Carolina summary-ejectment action while preserving the landlord’s maximum litigation flexibility. Delete all bracketed guidance and fill all placeholders before service.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
   3.1 Basis for Notice
   3.2 Cure/Payment Requirements
   3.3 Delivery of Possession
4. Default & Remedies
5. Service of Notice | Affidavit of Service
6. Governing Law & Forum Selection
7. General Provisions
8. Execution Block

1. DOCUMENT HEADER

Landlord: [LEGAL NAME OF LANDLORD]
Tenant(s): [LEGAL NAME(S) OF TENANT(S)]
Premises: [STREET ADDRESS, CITY, NC ZIP]
Lease/Occupancy Commencement Date: [DATE]
Notice Effective Date: [DATE OF SERVICE]
Statutory Authority: N.C. Gen. Stat. §§ 42-3, 42-14, 42-26 (as applicable)

2. DEFINITIONS

“​Rent Arrearage” means the sum of all unpaid recurring rent, late fees (to the extent permitted by N.C. Gen. Stat. § 42-46), and other periodic charges that have become due and payable under the Lease as of the Notice Effective Date.

“​Curable Default” means any noncompliance that North Carolina law or the Lease allows Tenant to remedy within an express statutory or contractual cure period.

“​Uncurable Default” means (i) criminal, illegal-drug, or other conduct granting the Landlord an immediate right to possession under N.C. Gen. Stat. § 42-26, or (ii) any other material default that the Lease expressly designates as non-curable.

“​Cure Period” means the time afforded to Tenant, measured from the Notice Effective Date, to fully cure a Curable Default as set forth in Section 3.2.

3. OPERATIVE PROVISIONS

3.1 Basis for Notice

The Landlord hereby notifies Tenant that Tenant is in default of the Lease, as marked below:

☐ A. Nonpayment of Rent (Statutory 10-Day Pay-or-Quit)
1. Rent Arrearage: $ [AMOUNT]
2. Most Recent Unpaid Rental Period Ending: [DATE]
3. Statutory Reference: N.C. Gen. Stat. § 42-3

☐ B. Material Lease Violation (Curable)
1. Nature of Violation: [DESCRIPTION]
2. Lease Provision Breached: § [SECTION]
3. Contractual Cure Period (if any): [NUMBER] days

☐ C. Immediate Termination for Uncurable Default
1. Grounds: [ILLEGAL DRUG ACTIVITY / CRIMINAL ASSAULT / OTHER]
2. Statutory Reference: N.C. Gen. Stat. § 42-26

☐ D. Termination of Periodic Tenancy
1. Tenancy Type: [WEEK-TO-WEEK / MONTH-TO-MONTH / YEARLY]
2. Statutory Notice Period:
• Week-to-Week – 2 days
• Month-to-Month – 7 days
• Year-to-Year – 1 month
(N.C. Gen. Stat. § 42-14)

3.2 Cure/Payment Requirements

a. Nonpayment of Rent (Section 3.1-A) – Tenant must remit the full Rent Arrearage in cleared funds on or before close of business on the 10th calendar day after the Notice Effective Date (“Rent Cure Deadline”). Partial payment shall not preserve possession rights absent Landlord’s written consent.

b. Curable Lease Violation (Section 3.1-B) – Tenant must completely remedy the specified violation(s) on or before the expiration of the contractual Cure Period (or, if silent, within 10 days) and provide written verification to Landlord.

c. Uncurable Default (Section 3.1-C) – No cure is available; Tenant must vacate and deliver possession by the Vacate Deadline set forth in Section 3.3.

d. Termination of Periodic Tenancy (Section 3.1-D) – Tenant must vacate and deliver possession by the end of the applicable statutory notice period.

3.3 Delivery of Possession

Unless Tenant has fully cured in strict accordance with Section 3.2, Tenant shall vacate the Premises and surrender possession no later than 11:59 p.m. on: [DATE] (“Vacate Deadline”). Possession includes returning all keys, access devices, and removing all personal property.

4. DEFAULT & REMEDIES

If Tenant fails to cure or vacate within the deadlines stated above, Landlord will promptly file a Summary Ejectment action in the county Small Claims Court and will seek:

1. Judgment for possession;
2. Monetary damages (Rent Arrearage, holdover rent, late fees, court costs, and allowable attorneys’ fees under N.C. Gen. Stat. § 42-46); and
3. Issuance of a Writ of Possession directing the sheriff to remove Tenant and belongings from the Premises.

[// GUIDANCE: Do not include attorneys’ fees if the Lease omits an attorneys’-fees clause. Remove or tailor per client lease.]

5. SERVICE OF NOTICE | AFFIDAVIT OF SERVICE

[// GUIDANCE: North Carolina law does not prescribe a single mandatory service method for an eviction notice; however, reliable proof of delivery is essential to avoid dismissal.]

Accepted methods:
1. Personal Delivery – Hand-delivery to Tenant (preferred);
2. Posting – Affixing the Notice to the main entrance and mailing a copy via first-class or certified mail;
3. Certified Mail, Return Receipt Requested – Addressed to Tenant at the Premises.

Affidavit of Service

I, [NAME], being duly sworn, state:
1. I served a true and correct copy of this Notice on Tenant(s) on [DATE] by: [PERSONAL DELIVERY / POSTING & MAILING / CERTIFIED MAIL].
2. The facts stated herein are true and correct.

[Signature of Server]
[Printed Name]
Date: [DATE]

(Notarial Acknowledgment, if desired)

6. GOVERNING LAW & FORUM SELECTION

This Notice, the Lease, and any ensuing summary-ejectment proceeding shall be governed by and construed in accordance with the laws of the State of North Carolina. Exclusive venue for any legal action shall lie in the [COUNTY] County Small Claims Court (Housing Court Division, if applicable).

7. GENERAL PROVISIONS

7.1 No Waiver – Landlord’s acceptance of partial payment or failure to enforce any right shall not be deemed a waiver of any future default.

7.2 Reservation of Rights – All contractual and statutory rights and remedies are expressly reserved.

7.3 Integration – This Notice constitutes the entire written demand required under applicable North Carolina law for the defaults specified herein.

7.4 Severability – If any provision of this Notice is held invalid, the remaining provisions shall continue in full force.

7.5 Electronic Signatures – A signature transmitted electronically shall be deemed an original.

8. EXECUTION BLOCK

LANDLORD:

[AUTHORIZED SIGNATORY NAME & TITLE]
Date: [DATE]

TENANT ACKNOWLEDGMENT (optional, does not affect validity):
I/We acknowledge receipt of this Notice on [DATE].

[TENANT SIGNATURE]

(Notarization or witness lines may be added if desired, but are not required for North Carolina notice validity.)

[// GUIDANCE: Retain a complete copy of the signed and served Notice, the Affidavit of Service, and all supporting documentation (e.g., rent ledger, photographs of posting) for trial exhibits.]