TEN-DAY DEMAND FOR RENT
(North Carolina)
[// GUIDANCE: North Carolina landlord-tenant law is governed by N.C. Gen. Stat. Chapter 42. For residential tenancies, if rent is unpaid for FIVE (5) or more days after the due date, the landlord may charge a late fee. However, for eviction, the landlord must make a demand for rent and give the tenant a reasonable opportunity to pay. The customary practice is to provide TEN (10) days' notice, although the statute does not specify an exact period for nonpayment notices. The landlord must demand the rent before filing a summary ejectment action. See N.C.G.S. § 42-3. Verify current statutory requirements before use.]
NOTICE INFORMATION
Date of Notice: [DATE]
Tenant Name(s): [TENANT FULL LEGAL NAME(S)]
Rental Property Address:
[STREET ADDRESS]
[CITY], North Carolina [ZIP CODE]
[UNIT/APT NUMBER, if applicable]
DEMAND FOR RENT
TO THE ABOVE-NAMED TENANT(S) AND ALL OTHERS IN POSSESSION:
You are hereby notified that you are in default of your rental agreement for the above-referenced premises due to nonpayment of rent.
AMOUNT DUE
| Description | Amount |
|---|---|
| Past Due Rent for [MONTH(S)/YEAR] | $[AMOUNT] |
| Late Fee (per N.C.G.S. § 42-46) | $[AMOUNT] |
| Prior Balance (if any) | $[AMOUNT] |
| TOTAL AMOUNT DUE | $[TOTAL] |
[// GUIDANCE: Under N.C.G.S. § 42-46, late fees for residential tenancies may not exceed $15 or 5% of the monthly rent, whichever is greater, and may not be charged until rent is 5 days late.]
DEMAND FOR PAYMENT OR POSSESSION
DEMAND IS HEREBY MADE that you pay the full amount of rent due within TEN (10) DAYS from the date of service of this notice, or vacate and surrender possession of the above-described premises.
If payment is not received within ten (10) days, the Landlord will file a SUMMARY EJECTMENT action against you in the appropriate North Carolina court pursuant to N.C.G.S. § 42-26 et seq.
CONSEQUENCES OF NON-COMPLIANCE
If you fail to pay the full amount of rent owed or vacate the premises, the Landlord will:
- File a Summary Ejectment (eviction) action in Small Claims Court;
- Seek a judgment for possession of the premises;
- Seek a money judgment for all unpaid rent, late fees, court costs, and reasonable attorney's fees as permitted;
- Request a Writ of Possession for removal by the sheriff.
PAYMENT INSTRUCTIONS
Payment must be made by: [CHECK / MONEY ORDER / CASHIER'S CHECK / CERTIFIED FUNDS]
Payment must be delivered to:
[LANDLORD NAME OR PROPERTY MANAGEMENT COMPANY]
[ADDRESS]
[CITY], North Carolina [ZIP CODE]
[PHONE NUMBER]
IMPORTANT LEGAL NOTICES
-
North Carolina Summary Ejectment Process: If a Summary Ejectment action is filed, you will be served with a Summons and Complaint. You have the right to appear in court on the hearing date and present defenses.
-
Right to Appeal: If judgment is entered against you in Small Claims Court, you have 10 days to appeal to District Court.
-
Fit Premises Requirements: Under N.C.G.S. § 42-42, landlords must maintain rental premises in a fit and habitable condition. You may have defenses if there are serious violations.
-
Retaliation Prohibited: N.C.G.S. § 42-37.1 prohibits landlords from retaliating against tenants who exercise their legal rights.
-
Security Deposit: Your security deposit is governed by N.C.G.S. § 42-50 et seq.
-
Military Personnel: If you are a servicemember on active duty, you may have additional rights under the federal Servicemembers Civil Relief Act (50 U.S.C. § 3901 et seq.).
-
Legal Assistance: For legal help, contact:
- Legal Aid of North Carolina: 1-866-219-5262
- NC Bar Association Lawyer Referral: 1-800-662-7660
RESERVATION OF RIGHTS
This notice is made without waiving any rights or remedies of the Landlord.
CERTIFICATION OF SERVICE
I, the undersigned, hereby certify that a copy of this Demand for Rent was served on [DATE OF SERVICE] by:
☐ Personal delivery to Tenant
☐ Leaving at dwelling unit with person of suitable age
☐ Posting on premises
☐ First-class mail
☐ Certified mail, return receipt requested
LANDLORD/AGENT SIGNATURE
Landlord/Authorized Agent Name: [PRINT NAME]
Signature: ____________________________________
Date: [DATE]
Telephone: [PHONE NUMBER]
This notice is intended to comply with North Carolina General Statutes Chapter 42. Consult a licensed North Carolina attorney for guidance specific to your situation.