Eviction Notice Template Nc

NORTH CAROLINA NOTICE TO QUIT AND DEMAND FOR POSSESSION

THIS NOTICE TO QUIT AND DEMAND FOR POSSESSION (the "Agreement") is made and entered into this [Day] day of [Month], [Year] (the "Effective Date"), by and between [Landlord Name/Company Name], a [State of Incorporation] [Entity Type] with a principal place of business located at [Address] ("Landlord"), and [Tenant Name(s)], an individual(s) residing at [Property Address], [City], North Carolina [Zip Code] ("Tenant").

1. RECITALS

WHEREAS, Landlord and Tenant entered into a residential lease agreement dated [Lease Date] (the "Lease") for the premises located at [Property Address] (the "Premises"); and WHEREAS, Tenant is currently in default of the Lease terms due to [Reason for Eviction, e.g., Non-payment of Rent / Lease Violation]; and WHEREAS, the Landlord desires to terminate the tenancy and regain possession of the Premises in accordance with Chapter 42 of the North Carolina General Statutes.

2. OPERATIONAL DEFINITIONS

1. "Premises" shall mean the real property and improvements located at [Property Address].
2. "Lease" shall mean the binding contractual agreement between the Parties executed on [Lease Date].
3. "Default" shall mean the failure of the Tenant to perform any obligation under the Lease, including the non-payment of rent or breach of conduct covenants.
4. "Cure Period" shall mean the thirty (30) business day period granted to the Tenant to rectify the Default, where applicable by law or agreement.
5. "Possession" shall mean the physical occupation and legal right to occupy the Premises.

3. SUBSTANTIVE TERMS AND OBLIGATIONS

1. Notice of Breach: Tenant is hereby notified that they are in violation of the Lease for the following reason(s): [Detail specific breach: e.g., unpaid rent in the amount of $______, unauthorized occupants, or property damage].
2. Demand for Cure: Tenant is granted a period of thirty (30) business days from the date of receipt of this notice to cure the Default.
3. Surrender of Possession: In the event the Default is not cured within the Cure Period, the Tenant must surrender possession of the Premises to the Landlord, leaving the Premises in broom-clean condition and free of personal property.
4. Representations: Landlord represents that this notice is issued in compliance with North Carolina law. Tenant acknowledges receipt of this notice and the obligation to either perform under the Lease or vacate the Premises.

4. DEFAULT, TERMINATION, AND REMEDIES

1. Failure to Cure: If the Tenant fails to remedy the Default within the thirty (30) business day Cure Period, the Lease shall be deemed terminated, and the Landlord shall proceed with a Summary Ejectment action in the [County Name] County Small Claims Court.
2. Remedies: Landlord reserves all rights to pursue past-due rent, damages to the Premises, legal fees, and court costs as permitted under the North Carolina General Statutes and the Lease.
3. Forfeiture: Failure to vacate upon the expiration of the Cure Period shall result in the initiation of eviction proceedings and the assessment of holdover damages at the rate of $[Dollar Amount] per diem.

5. BOILERPLATE LEGAL PROVISIONS

1. Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.
2. Entire Agreement: This document constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior agreements, oral or written.
3. Governing Law: This Agreement shall be governed by, and construed in accordance with, the laws of the State of North Carolina.
4. Dispute Resolution: Any disputes arising from this Agreement shall be adjudicated in the courts of [County Name] County, North Carolina.
5. Force Majeure: Neither party shall be held liable for failure to perform due to causes beyond their reasonable control, including acts of God, war, or government regulation, provided that such excuse shall not extend the Tenant's duty to pay rent or vacate.

6. FORMAL EXECUTION BLOCK

IN WITNESS WHEREOF, the parties have executed this Notice as of the Effective Date.

LANDLORD:

[Company Name / Landlord Name]

Signature

Printed Name & Title

Date: ___________________________

TENANT:

[Tenant Name]

Signature

Date: ___________________________

[Tenant Name]

Signature

Date: ___________________________