Raleigh, NC asked in Landlord - Tenant for North Carolina

Q: Is it legal for a landlord to issue a 5 day eviction notice via email and not file it through the court in NC?

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1 Lawyer Answer
James L. Arrasmith
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  • Landlord Tenant Lawyer
  • Sacramento, CA

A: In North Carolina, a landlord must follow specific legal procedures to evict a tenant. Sending an eviction notice via email without filing through the court is not a legally valid eviction process.

Here's what the law requires for a lawful eviction in North Carolina:

1. The landlord must have a legally valid reason to evict the tenant, such as non-payment of rent, violation of lease terms, or illegal activities on the premises.

2. The landlord must provide the tenant with a written notice of the reason for eviction and the time to cure the issue or vacate the property. The notice period varies depending on the reason for eviction (e.g., 10 days for non-payment of rent, 30 days for a month-to-month lease violation).

3. If the tenant does not cure the issue or vacate within the given time, the landlord must file a complaint with the court (known as a "summary ejectment" action) and serve the tenant with a summons and complaint.

4. The court will then schedule a hearing, where both the landlord and tenant can present their cases. If the court rules in favor of the landlord, it will issue a "Judgment for Possession" and a "Writ of Possession."

5. The Writ of Possession authorizes the sheriff to remove the tenant and their belongings from the property if they do not leave voluntarily.

In summary, a 5-day eviction notice sent via email without filing through the court is not a legally valid eviction process in North Carolina. The landlord must follow the proper legal procedures, which involve providing written notice, filing with the court, and obtaining a court order for eviction.

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