N.C. Gen. Stat. § § 42-3
Term forfeited for nonpayment of rent.
Operative Text
In all verbal or written leases of real property of any kind in which is fixed a definite time for the payment of the rent reserved therein, there shall be implied a forfeiture of the term upon failure to pay the rent within 10 days after a demand is made by the lessor or his agent on said lessee for all past-due rent, and the lessor may forthwith enter and dispossess the tenant without having declared such forfeiture or reserved the right of reentry in the lease. (1919, c. 34; C.S., s. 2343; 2001-502, s. 2; 2004-143, s. 1.)
Under N.C. Gen. Stat. § 42-3, when a lease sets a specific due date for rent, a landlord's right to reclaim the property is automatically implied by law if the tenant fails to pay all past-due rent within 10 days of a formal demand. This forfeiture of the lease term does not require the landlord to have included an explicit forfeiture clause or re-entry right in the lease itself. The statute applies to both verbal and written leases of any type of real property in North Carolina.
Plain English — not legal advice.
Under N.C. Gen. Stat. § 42-3, compliant operators generally ensure that any lease with a fixed rent payment date is accompanied by a clear, documented demand for all past-due rent before counting the 10-day cure window. Because the statute implies forfeiture automatically, landlords do not need a specific lease clause reserving re-entry rights, but they do need to make a proper demand on the tenant or through an authorized agent. Maintaining written records of when and how the demand was delivered is a standard practice that supports any subsequent dispossession proceeding.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.C. Gen. Stat. § 42-3 gives tenants a 10-day window after a landlord's formal demand to pay all past-due rent before the lease term is considered forfeited. Tenants who receive such a demand may want to document their response — including any payment made or disputed — as this record can be relevant if a dispossession action is later filed. Tenant-rights organizations in North Carolina can help renters understand whether a demand was properly made and what options may be available under this provision.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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