Notice to Cure or Quit (Lease Breach Other Than Nonpayment)

NOTICE TO CURE OR QUIT — LEASE BREACH (NON-RENT) — NORTH CAROLINA

TABLE OF CONTENTS

1. Caption and Parties
2. Statement of Tenancy
3. Lease Provisions Breached and Forfeiture Authority
4. Description of Breach
5. Demand to Cure
6. Specific Cure Requirements
7. Consequences of Non-Cure
8. Reservation of Rights and Non-Waiver
9. Anti-Retaliation Acknowledgement
10. Self-Help Eviction Prohibited
11. Signature and Service
12. Proof of Service
13. North Carolina Practice Notes
14. Sources and References

1. CAPTION AND PARTIES

Premises: [STREET ADDRESS, UNIT, CITY, COUNTY, NC ZIP] (the "Premises").

Date of Notice: [__/__/____]

2. STATEMENT OF TENANCY

2.1. Landlord and Tenant entered into a written [Lease / Rental Agreement] dated [__/__/____] for the Premises (the "Lease").

2.2. The Lease has a term of [FIXED-TERM end date / month-to-month / week-to-week] beginning [__/__/____].

2.3. As of the date of this Notice, Tenant is in possession of the Premises under the Lease.

3. LEASE PROVISIONS BREACHED AND FORFEITURE AUTHORITY

3.1. The Lease provisions Tenant has breached include the following (the "Breached Covenants"):

3.2. Forfeiture-and-Reentry Authority. The Lease, at Section [___] ("Default" / "Termination" / "Remedies"), provides in substance:

[QUOTE THE EXPRESS FORFEITURE/REENTRY CLAUSE — for example: "Upon any breach of this Lease by Tenant, including without limitation the covenants set forth in Sections [___], Landlord may, at its option, declare the term forfeited, terminate the Lease, and reenter and recover possession of the Premises through judicial process, with or without further notice except as required by law."]

3.3. The Breached Covenants are within the scope of the forfeiture-and-reentry clause, providing the statutory authority for summary ejectment under N.C. Gen. Stat. § 42-26(a)(2) if Tenant fails to cure as demanded below.

4. DESCRIPTION OF BREACH

4.1. Date(s) of breach: [__/__/____] [and continuing].

4.2. Detailed factual description (specific dates, conduct, witnesses, evidence):

[FACT NARRATIVE — e.g., "On [__/__/____], an unauthorized occupant identified as [NAME] was observed residing in the Premises with personal belongings and overnight stays of more than [___] consecutive nights, in violation of Section [___] of the Lease, which limits occupancy to the named Tenant and prohibits subletting or assignment without written consent."]

4.3. Evidence available to Landlord includes: [photographs, video, witness statements, prior written warnings, inspection reports, police reports, rule-violation notices, etc.].

4.4. Material adverse impact on Landlord, Premises, or other residents: [DESCRIBE — e.g., "increased wear and tear, complaints from neighbors, code-enforcement notices, loss of insurance coverage, etc."].

5. DEMAND TO CURE

5.1. DEMAND IS HEREBY MADE that Tenant cure the Breached Covenants within [___] days from the date of service of this Notice (the "Cure Period").

5.2. Tenant must cure each of the Breached Covenants identified in Section 3.1 by the end of the Cure Period.

5.3. If Tenant fails to cure within the Cure Period, the Lease term is forfeited, and Tenant must vacate the Premises and surrender possession to Landlord, returning all keys and removing all personal property.

5.4. Computation of the Cure Period excludes the day of service and includes the last day; if the last day falls on a Saturday, Sunday, or legal holiday, the period extends to the next business day per N.C. R. Civ. P. 6(a).

6. SPECIFIC CURE REQUIREMENTS

6.1. To cure the Breached Covenants, Tenant must, without limitation:

6.2. Cure must be complete and substantial, not merely partial. Landlord reserves the right to inspect (with at least 24 hours' notice) to verify cure.

6.3. Tenant must provide written notice of cure to Landlord at the address in Section 11, including any documentary evidence required above.

7. CONSEQUENCES OF NON-CURE

7.1. If Tenant fails to cure within the Cure Period, Landlord intends to file a Complaint in Summary Ejectment (AOC-CVM-201) in the Small Claims Court of [COUNTY] County, North Carolina, on the ground stated at N.C. Gen. Stat. § 42-26(a)(2): breach of a condition for which the Lease provides forfeiture and reentry.

7.2. The Complaint will seek: (a) possession of the Premises; (b) damages for breach (in an amount within the Small Claims jurisdictional cap of $10,000 per § 7A-210; otherwise filed in District Court); (c) court costs; and (d) attorney's fees if and to the extent recoverable under § 6-21.2 and the Lease.

7.3. The magistrate will set a hearing within seven (7) days of issuance of the summons. Tenant has the right to file an Answer (AOC-CVM-202) and assert any defenses, including warranty of habitability (§ 42-42), retaliation (§ 42-37.1), waiver, equitable relief from forfeiture, defective notice, improper service, and any other defense supported by the facts.

7.4. Criminal activity track. If the breach involves criminal activity that materially threatens the health or safety of other residents or the physical Premises, Landlord may instead, or in addition, pursue expedited eviction under Article 7 (§§ 42-59 to 42-63), which has separate notice and hearing rules.

7.5. After judgment for possession, Tenant has ten (10) days to appeal de novo to District Court under N.C. Gen. Stat. § 7A-228.

8. RESERVATION OF RIGHTS AND NON-WAIVER

8.1. Acceptance of rent for any period after the date of this Notice does not waive the breaches identified herein or constitute reinstatement of the Lease, except by Landlord's express written agreement.

8.2. Landlord does not waive any other breach not enumerated herein or any future breach.

8.3. This Notice is given without prejudice to any rights or remedies under the Lease, the Residential Rental Agreements Act (Article 5), the Tenant Security Deposit Act (Article 6), the Vacation Rental Act (Chapter 42A — if applicable), or any other applicable law.

9. ANTI-RETALIATION ACKNOWLEDGEMENT

9.1. Pursuant to N.C. Gen. Stat. § 42-37.1, this Notice is NOT issued in retaliation for any tenant activity protected by that section, including any good-faith repair request, complaint to a government authority, attempt to enforce rights under the Lease or NC law, or participation in a tenant organization.

9.2. The grounds for this Notice are the Breached Covenants documented in Section 4 above and arose independently of any protected activity.

9.3. If Tenant has previously made a request, complaint, or report that may qualify for protection under § 42-37.1, Tenant should preserve documentation; Landlord nonetheless asserts this Notice is supported by good-faith, non-retaliatory grounds.

10. SELF-HELP EVICTION PROHIBITED

10.1. Landlord will not engage in any conduct prohibited by N.C. Gen. Stat. § 42-25.6, including changing locks, removing doors or windows, removing personal property, terminating utilities furnished by Landlord, or any other constructive ouster.

10.2. Tenant remains in lawful possession until removal pursuant to a writ of possession executed by the Sheriff of [COUNTY] County.

11. SIGNATURE AND SERVICE

Issued this [___] day of [MONTH], 20[__].

LANDLORD:

By: ____________________________________
[NAME], [TITLE]

[ENTITY NAME]
[MAILING ADDRESS]
[CITY, NC ZIP]
Telephone: [___-___-____]
Email: [________________________________]

12. PROOF OF SERVICE

I declare under penalty of perjury under the laws of the State of North Carolina that I served the foregoing NOTICE TO CURE OR QUIT on Tenant by the method(s) checked below:

☐ Personal delivery to [TENANT NAME] at the Premises on [__/__/____] at approximately [___:___] [AM / PM].

☐ Substituted service by leaving a copy with [NAME, RELATIONSHIP, AGE] of suitable age and discretion residing at the Premises on [__/__/____].

☐ Posting and mailing by affixing a copy to a conspicuous part of the Premises and depositing a copy in the U.S. mail, first-class postage prepaid, to Tenant at the Premises and at [LAST KNOWN MAILING ADDRESS] on [__/__/____].

☐ Certified U.S. mail, return receipt requested, article number [________________________________], deposited [__/__/____].

☐ Email to [ADDRESS] on [__/__/____] [only if Lease authorizes electronic notice].

Date: [__/__/____]

By: ____________________________________
[NAME OF SERVER], [TITLE]

13. NORTH CAROLINA PRACTICE NOTES

13.1. The forfeiture-clause prerequisite. Summary ejectment under § 42-26(a)(2) requires "the lease itself" to provide that the lease term is, or may be, terminated for the breach in question. Practitioners refer to this as the "forfeiture clause" or "reentry clause." Verify the lease language matches the breach: a clause forfeiting for nonpayment alone does not authorize ejectment for unauthorized pets.

13.2. No statutory cure period. Unlike the § 42-3 ten-day demand for nonpayment, NC law does not specify a fixed cure period for other breaches. The cure period is whatever the lease provides (or a reasonable period if the lease is silent). Some leases include "no cure" provisions for material or repeat breaches; magistrates may scrutinize "no cure" assertions, especially for first-time minor breaches.

13.3. Equitable relief from forfeiture. Under longstanding NC equity, a court may grant relief from forfeiture if the breach is technical, the tenant offers full cure plus damages, and forfeiture would be inequitable. Tenants frequently raise this in District Court on de novo appeal.

13.4. Criminal activity and Article 7. §§ 42-59 to 42-63 authorize an "expedited" eviction track for criminal activity by the tenant, household, or guests, regardless of lease language. The procedure has its own complaint form and accelerated timing. For drug-related criminal activity, federal HUD lease provisions (24 C.F.R. § 247) may also apply.

13.5. Waiver by accepting rent. Knowing acceptance of rent after a known curable breach generally waives the forfeiture as to that breach. Best practice: (a) refuse and return rent post-breach; or (b) accept only with a signed written non-waiver acknowledging that the payment is for use and occupancy and does not reinstate the Lease.

13.6. Habitability counterclaim risk. § 42-44(c) authorizes the tenant to assert affirmative defenses based on the landlord's breach of § 42-42 (habitability). Magistrates may offset rent owed by the diminution in fair rental value caused by uncorrected habitability defects. Landlord should document Premises condition before issuing this Notice and respond promptly to any prior repair requests.

13.7. County diversion programs. Wake, Mecklenburg, Durham, Forsyth, Guilford, and Buncombe Counties offer eviction-diversion mediation; voluntary participation can preserve the tenancy and avoid a magistrate hearing. Some pilot programs offer right-to-counsel representation for income-eligible tenants (e.g., Durham's "Eviction Diversion Program," Mecklenburg's "Right to Counsel" pilot).

13.8. Manufactured-home parks and vacation rentals. Different statutory frameworks apply (Article 7 for some MHPs; Chapter 42A for vacation rentals). Do not use this template for those tenancies without revision.

13.9. HUD-subsidized units. Section 8, public housing, LIHTC, and other federally subsidized tenancies require additional notice content, specific grounds, and grievance procedures (24 C.F.R. § 247 for project-based assistance; 24 C.F.R. § 982.310 for vouchers; 24 C.F.R. Part 966 for public housing). Adapt this template to incorporate the federally required additional content.

13.10. Documentation imperative. Magistrates rule on summary ejectment in compressed proceedings. Photographs, dated witness statements, prior warnings, and police-report numbers materially improve outcome at the hearing and on de novo appeal.

14. SOURCES AND REFERENCES

• N.C. Gen. Stat. § 42-25.6 — Manner of ejectment of residential tenants.
• N.C. Gen. Stat. § 42-26 — Tenant holding over may be dispossessed in certain cases (three statutory grounds).
• N.C. Gen. Stat. § 42-37.1 — Defense of retaliatory eviction.
• N.C. Gen. Stat. § 42-42, § 42-43 — Landlord and tenant duties (Residential Rental Agreements Act).
• N.C. Gen. Stat. § 42-44(c) — Tenant remedies and defenses.
• N.C. Gen. Stat. §§ 42-59 to 42-63 — Article 7, Expedited Eviction of Drug Traffickers and Other Criminal Activity.
• N.C. Gen. Stat. § 7A-210, § 7A-216, § 7A-228 — Small Claims jurisdiction and appeal.
• N.C. Gen. Stat. § 6-21.2 — Attorney's fees in obligation contracts.
• AOC-CVM-201 — Complaint in Summary Ejectment.
• AOC-CVM-202 — Answer to Complaint in Summary Ejectment.
• AOC-CVM-401 — Magistrate's Judgment in Summary Ejectment.
• 24 C.F.R. § 247 — HUD project-based assistance termination procedures.
• UNC School of Government, On the Civil Side, summary ejectment series.
• Legal Aid of North Carolina, Eviction Defense Manual.