Eviction Process Notice to Quit, or 10 day Notice of Intent

[cmontgomery42]

What is the law on how a Notice to Quit or 10 day Notice of Intent be served? Can it be taped to your door or does it have to be mailed or served by a third legal party?

 

[army judge]

What is the law on how a Notice to Quit or 10 day Notice of Intent be served? Can it be taped to your door or does it have to be mailed or served by a third legal party?

The notice given depends on why the notice is being given.

North Carolina law requires the following notice to evict or vacate:
1. For non-payment of rent, 10 days
2. A year to year lease, 30 days
3. A month to month lease, 7 days
4. A week to week lease, 2 days (not counting weekends)

In case of non-payment of rent, if there is no written lease specifying the type of notice, the landlord must demand payment of the rent and wait 10 days before filing the complaint.

You (the tenant) have the 10 day period to cure the default (non-payment of rent) by paying said rent.

The Notice to Quit Form must be "served" to the tenant by either Personal Service or First Class Certified or Registered Mail Service (return receipt, proof of delivery).

Using personal service, the landlord hires or directs an independent party to take two copies of the North Carolina Notice to Quit to the tenant, give one to the tenant, and get the tenant's signature on the second copy, so that the landlord can retain for his/her records.

Be advised, OP, that if a tenant is hiding from the landlord, "tack and serve" could be preliminary, and a mailing could be following.

In some cases, no notice is required before a landlord can seek an eviction proceeding.

 

[cmontgomery42]

They came and taped it to my door in clear view of the neighbors. Renting from my sister and she knows my hours. I am not hiding from her. She sent me a text on Dec 17th which I still have stating I did not have to pay Dec rent and for me to use it for when I move in March. I'm not even 30 days late with Jan. and they are stating I owe Dec. Jan and Feb. My rent is not due till the 10th of the month.

 

[army judge]

They came and taped it to my door in clear view of the neighbors. Renting from my sister and she knows my hours. I am not hiding from her. She sent me a text on Dec 17th which I still have stating I did not have to pay Dec rent and for me to use it for when I move in March. I'm not even 30 days late with Jan. and they are stating I owe Dec. Jan and Feb. My rent is not due till the 10th of the month.

She can say ANYTHING, so can you.

But, you're both bound by the lease YOU signed, IF there is a signed lease!

I suppose she now wants the rent she was going to ignore for December?

At any rate, using a ten day notice as a guide; you DO owe December, January, and February rent (Feb will be more than 10 days late, if she files).

You have the right to cure the defaulted rent by paying all monies owed during the ten day waiting period, or when you get to court.

I suppose she fears you'll stiff her by moving out without paying when March comes?


If there is no lease or the lease does not specify the requirements of the notice to evict then:

the notice can be oral
the notice must follow the requirements of the law


North Carolina law requires the following notice to evict or vacate
1. For non-payment of rent, 10 days
2. A year to year lease, 30 days
3. A month to month lease, 7 days
4. A week to week lease, 2 days (not counting weekends)

In case of non-payment of rent, if there is no written lease specifying the type of notice, the landlord must demand payment of the rent and wait 10 days before filing the complaint.

 

[cmontgomery42]

I have a 3 yr lease with my sister. She made it very clear that my husband not be on it, only as a tenant. On the lease it states "This lease may only be terminated by 30 day written notice from either party"

 

[army judge]

I have a 3 yr lease with my sister. She made it very clear that my husband not be on it, only as a tenant. On the lease it states "This lease may only be terminated by 30 day written notice from either party"

Your defense would be the lease requires 30 day notice.

You'll still owe her the rent you agreed to pay.

The text message is of no legal consequence.

All that will do is delay the inevitable.

The lease is over in March, so I suggest you discuss this with her.

Maybe you and her can come to an agreement, but if you do, get it in writing as an addendum to your current lease.

 

[cmontgomery42]

Thank you for your help. You have a wonderful evening.

 

[Gail_in_Georgia]

"They came and taped it on my door in clear view of my neighbors".

One of my fellow landlords tapes Pay or Quit notices for failure to pay rent in very large pink notices on front doors that tend to catch the eye of the neighbors. It often causes enough embarrassment with some reluctant tenants that they immediately pay what they owe.