North Carolina Counties

Click a county to view landlord‑tenant law information for that county.

North Carolina State Law

Below is a copy of Title 49 the landlord tenant code for NC. This is the ultimate source of truth for landlord tenant issues in the great state of North Carolina. This is a large file but every other one we found online was jumbled up into numerous pages and hard to decipher. This should be easier to read and extract.

North Carolina Landlord-Tenant Law

Complete verbatim statute text Β· 96 sections

πŸ“‘ Table of Contents
Chapter Β§ 42-1
Β§ 42-1 Lessor and lessee not partners
Chapter Β§ 42-2
Β§ 42-2 Attornment unnecessary on conveyance of reversions, etc.
Chapter Β§ 42-3
Β§ 42-3 Term forfeited for nonpayment of rent
Chapter Β§ 42-4
Β§ 42-4 Recovery for use and occupation
Chapter Β§ 42-5
Β§ 42-5 Rent apportioned, where lease terminated by death
Chapter Β§ 42-6
Β§ 42-6 Rents, annuities, etc., apportioned, where right to payment terminated by death
Chapter Β§ 42-7
Β§ 42-7 In lieu of emblements, farm lessee holds out year, with rents apportioned
Chapter Β§ 42-8
Β§ 42-8 Grantees of reversion and assigns of lease have reciprocal rights under covenants
Chapter Β§ 42-9
Β§ 42-9 Agreement to rebuild, how construed in case of fire
Chapter Β§ 42-10
Β§ 42-10 Tenant not liable for accidental damage
Chapter Β§ 42-11
Β§ 42-11 Willful destruction by tenant misdemeanor
Chapter Β§ 42-12
Β§ 42-12 Lessee may surrender, where building destroyed or damaged
Chapter Β§ 42-13
Β§ 42-13 Wrongful surrender to other than landlord misdemeanor
Chapter Β§ 42-14
Β§ 42-14 Notice to quit in certain tenancies
Chapter Β§ 42-14.1
Β§ 42-14.1 Preemption of local regulations
Chapter Β§ 42-14.2
Β§ 42-14.2 Death, illness, or conviction of certain crimes not a material fact
Chapter Β§ 42-14.3
Β§ 42-14.3 Notice of conversion of manufactured home communities
Chapter Β§ 42-14.4
Β§ 42-14.4 Notice to State Bar of attorney default on lease
Chapter Β§ 42-14.5
Β§ 42-14.5 Foreseeability not created by criminal record; no duty to screen
Chapter Β§ 42-14.6
Β§ 42-14.6 Transient occupancies excluded
Chapter Β§ 42-15
Β§ 42-15 Landlord's lien on crops for rents, advances, etc.; enforcement
Chapter Β§ 42-15.1
Β§ 42-15.1 Landlord's lien on crop insurance for rents, advances, etc.; enforcement
Chapter Β§ 42-16
Β§ 42-16 Rights of tenants
Chapter Β§ 42-17
Β§ 42-17 Action to settle dispute between parties
Chapter Β§ 42-18
Β§ 42-18 Tenant's undertaking on continuance or appeal
Chapter Β§ 42-19
Β§ 42-19 Crops delivered to landlord on his undertaking
Chapter Β§ 42-20
Β§ 42-20 Crops sold, if neither party gives undertaking
Chapter Β§ 42-21
Β§ 42-21 Tenant's crop not subject to execution against landlord
Chapter Β§ 42-22
Β§ 42-22 Unlawful seizure by landlord or removal by tenant misdemeanor
Chapter Β§ 42-22.1
Β§ 42-22.1 Failure of tenant to account for sales under tobacco marketing cards
Chapter Β§ 42-23
Β§ 42-23 Terms of agricultural tenancies in certain counties
Chapter Β§ 42-24
Β§ 42-24 Turpentine and lightwood leases
Chapter Β§ 42-25
Β§ 42-25 Mining and timberland leases
Chapter Β§ 42-25.6
Β§ 42-25.6 Manner of ejectment of residential tenants
Chapter Β§ 42-25.7
Β§ 42-25.7 Distress and distraint not permitted
Chapter Β§ 42-25.8
Β§ 42-25.8 Contrary lease provisions
Chapter Β§ 42-25.9
Β§ 42-25.9 Remedies
Chapter Β§ 42-26
Β§ 42-26 Tenant holding over may be dispossessed in certain cases
Chapter Β§ 42-27
Β§ 42-27 Local: Refusal to perform contract ground for dispossession
Chapter Β§ 42-28
Β§ 42-28 Summons issued by clerk
Chapter Β§ 42-29
Β§ 42-29 Service of summons
Chapter Β§ 42-30
Β§ 42-30 Judgment by confession, where plaintiff has proved case, or failure to appear
Chapter Β§ 42-31
Β§ 42-31 Trial by magistrate
Chapter Β§ 42-32
Β§ 42-32 Damages assessed to trial
Chapter Β§ 42-33
Β§ 42-33 Rent and costs tendered by tenant
Chapter Β§ 42-34
Β§ 42-34 Undertaking on appeal and order staying execution
Chapter Β§ 42-34.1
Β§ 42-34.1 Rent pending execution of judgment; post bond pending appeal
Chapter Β§ 42-35
Β§ 42-35 Restitution of tenant, if case quashed, etc., on appeal
Chapter Β§ 42-36
Β§ 42-36 Damages to tenant for dispossession, if proceedings quashed, etc.
Chapter Β§ 42-36.1
Β§ 42-36.1 Lease or rental of manufactured homes
Chapter Β§ 42-36.1A
Β§ 42-36.1A Judgments for possession more than 30 days old
Chapter Β§ 42-36.2
Β§ 42-36.2 Notice to tenant of execution of writ for possession of property; storage of evicted tenant's personal property
Chapter Β§ 42-36.3
Β§ 42-36.3 Death of residential tenant; landlord may file affidavit to remove personal property from the dwelling unit
Chapter Β§ 42-37.1
Β§ 42-37.1 Defense of retaliatory eviction
Chapter Β§ 42-37.2
Β§ 42-37.2 Remedies
Chapter Β§ 42-37.3
Β§ 42-37.3 Waiver
Chapter Β§ 42-38
Β§ 42-38 Application
Chapter Β§ 42-39
Β§ 42-39 Exclusions
Chapter Β§ 42-40
Β§ 42-40 Definitions
Chapter Β§ 42-41
Β§ 42-41 Mutuality of obligations
Chapter Β§ 42-42
Β§ 42-42 Landlord to provide fit premises
Chapter Β§ 42-42.1
Β§ 42-42.1 Water, electricity, and natural gas conservation
Chapter Β§ 42-42.2
Β§ 42-42.2 Victim protection - nondiscrimination
Chapter Β§ 42-42.3
Β§ 42-42.3 Victim protection - change locks
Chapter Β§ 42-43
Β§ 42-43 Tenant to maintain dwelling unit
Chapter Β§ 42-44
Β§ 42-44 General remedies, penalties, and limitations
Chapter Β§ 42-45
Β§ 42-45 Early termination of rental agreement by military personnel, surviving family members, or lawful representative
Chapter Β§ 42-45.1
Β§ 42-45.1 Early termination of rental agreement by victims of domestic violence, sexual assault, or stalking
Chapter Β§ 42-45.2
Β§ 42-45.2 Early termination of rental agreement by tenants residing in certain foreclosed property
Chapter Β§ 42-46
Β§ 42-46 Authorized fees, costs, and expenses
Chapter Β§ 42-50
Β§ 42-50 Deposits from the tenant
Chapter Β§ 42-51
Β§ 42-51 Permitted uses of the deposit
Chapter Β§ 42-52
Β§ 42-52 Landlord's obligations
Chapter Β§ 42-53
Β§ 42-53 Pet deposits
Chapter Β§ 42-54
Β§ 42-54 Transfer of dwelling units
Chapter Β§ 42-55
Β§ 42-55 Remedies
Chapter Β§ 42-56
Β§ 42-56 Application of Article
Chapter Β§ 42-59
Β§ 42-59 Definitions
Chapter Β§ 42-59.1
Β§ 42-59.1 Statement of Public Policy
Chapter Β§ 42-60
Β§ 42-60 Nature of actions and jurisdiction
Chapter Β§ 42-61
Β§ 42-61 Standard of proof
Chapter Β§ 42-62
Β§ 42-62 Parties
Chapter Β§ 42-63
Β§ 42-63 Remedies and judicial orders
Chapter Β§ 42-64
Β§ 42-64 Affirmative defense or exemption to a complete eviction
Chapter Β§ 42-65
Β§ 42-65 Obstructing the execution or enforcement of a removal or eviction order
Chapter Β§ 42-66
Β§ 42-66 Motion to enforce eviction and removal orders
Chapter Β§ 42-67
Β§ 42-67 Impermissible defense
Chapter Β§ 42-68
Β§ 42-68 Expedited proceedings
Chapter Β§ 42-69
Β§ 42-69 Relation to criminal proceedings
Chapter Β§ 42-70
Β§ 42-70 Discovery
Chapter Β§ 42-71
Β§ 42-71 Protection of threatened witnesses or affiants
Chapter Β§ 42-72
Β§ 42-72 Availability of law enforcement resources to plaintiffs or potential plaintiffs
Chapter Β§ 42-73
Β§ 42-73 Collection of rent
Chapter Β§ 42-74
Β§ 42-74 Preliminary or emergency relief
Chapter Β§ 42-75
Β§ 42-75 Cumulative remedies
Chapter Β§ 42-76
Β§ 42-76 Civil immunity
Β§ 42-1

Lessor and lessee not partners

↑
No lessor of property, merely by reason that he is to receive as rent or compensation for its use a share of the proceeds or net profits of the business in which it is employed, or any other uncertain consideration, shall be held a partner of the lessee.
Β§ 42-2

Attornment unnecessary on conveyance of reversions, etc.

↑
Every conveyance of any rent, reversion, or remainder in lands, tenements or hereditaments, otherwise sufficient, shall be deemed complete without attornment by the holders of particular estates in said lands: Provided, no holder of a particular estate shall be prejudiced by any act done by him as holding under his grantor, without notice of such conveyance.
Β§ 42-3

Term forfeited for nonpayment of rent

↑
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.
Β§ 42-4

Recovery for use and occupation

↑
When any person occupies land of another by the permission of such other, without any express agreement for rent, or upon a parol lease which is void, the landlord may recover a reasonable compensation for such occupation, and if by such parol lease a certain rent was reserved, such reservation may be received as evidence of the value of the occupation.
Β§ 42-5

Rent apportioned, where lease terminated by death

↑
If a lease of land, in which rent is reserved, payable at the end of the year or other certain period of time, is determined by the death of any person during one of the periods in which the rent was growing due, the lessor or his personal representative may recover a part of the rent which becomes due after the death, proportionate to the part of the period elapsed before the death, subject to all just allowances; and if any security was given for such rent it shall be apportioned in like manner.
Β§ 42-6

Rents, annuities, etc., apportioned, where right to payment terminated by death

↑
In all cases where rents, rent charges, annuities, pensions, dividends, or any other payments of any description, are made payable at fixed periods to successive owners under any instrument, or by any will, and where the right of any owner to receive payment is terminable by a death or other uncertain event, and where such right so terminates during a period in which a payment is growing due, the payment becoming due next after such terminating event shall be apportioned among the successive owners according to the parts of such periods elapsing before and after the terminating event.
Β§ 42-7

In lieu of emblements, farm lessee holds out year, with rents apportioned

↑
When any lease for years of any land let for farming on which a rent is reserved determines during a current year of the tenancy, by the happening of any uncertain event determining the estate of the lessor, or by a sale of said land under any mortgage or deed of trust, the tenant in lieu of emblements shall continue his occupation to the end of such current year, and shall then give up such possession to the succeeding owner of the land, and shall pay to such succeeding owner a part of the rent accrued since the last payment became due, proportionate to the part of the period of payment elapsing after the termination of the estate of the lessor to the giving up such possession; and the tenant in such case shall be entitled to a reasonable compensation for the tillage and seed of any crop not gathered at the expiration of such current year from the person succeeding to the possession.
Β§ 42-8

Grantees of reversion and assigns of lease have reciprocal rights under covenants

↑
The grantee in every conveyance of reversion in lands, tenements or hereditaments has the like advantages and remedies by action or entry against the holders of particular estates in such real property, and their assigns, for nonpayment of rent, and for the nonperformance of other conditions and agreements contained in the instruments by the tenants of such particular estates, as the grantor or lessor or his heirs might have; and the holders of such particular estates, and their assigns, have the like advantages and remedies against the grantee of the reversion, or any part thereof, for any conditions and agreements contained in such instruments, as they might have had against the grantor or his lessors or his heirs.
Β§ 42-9

Agreement to rebuild, how construed in case of fire

↑
An agreement in a lease to repair a demised house shall not be construed to bind the contracting party to rebuild or repair in case the house shall be destroyed or damaged to more than one half of its value, by accidental fire not occurring from the want of ordinary diligence on his part.
Β§ 42-10

Tenant not liable for accidental damage

↑
A tenant for life, or years, or for a less term, shall not be liable for damage occurring on the demised premises accidentally, and notwithstanding reasonable diligence on his part, unless he so contract.
Β§ 42-11

Willful destruction by tenant misdemeanor

↑
If any tenant shall, during his term or after its expiration, willfully and unlawfully demolish, destroy, deface, injure or damage any tenement house, uninhabited house or other outhouse, belonging to his landlord or upon his premises by removing parts thereof or by burning, or in any other manner, or shall unlawfully and willfully burn, destroy, pull down, injure or remove any fence, wall or other inclosure or any part thereof, built or standing upon the premises of such landlord, or shall willfully and unlawfully cut down or destroy any timber, fruit, shade or ornamental tree belonging to said landlord, he shall be guilty of a Class 1 misdemeanor.
Β§ 42-12

Lessee may surrender, where building destroyed or damaged

↑
If a demised house, or other building, is destroyed during the term, or so much damaged that it cannot be made reasonably fit for the purpose for which it was hired, except at an expense exceeding one year's rent of the premises, and the damage or destruction occur without negligence on the part of the lessee or his agents or servants, and there is no agreement in the lease respecting repairs, or providing for such a case, and the use of the house damaged or destroyed was the main inducement to the hiring, the lessee may surrender his estate in the demised premises by a writing to that effect delivered or tendered to the landlord within 10 days from the damage or destruction, and by paying or tendering at the same time all rent in arrear, and a part of the rent growing due at the time of the damage or destruction, proportionate to the time between the last period of payment and the occurrence of the damage or destruction, and the lessee shall be thenceforth discharged from all rent accruing afterwards; but not from any other agreement in the lease. This section shall not apply if a contrary intention appear from the lease.
Β§ 42-13

Wrongful surrender to other than landlord misdemeanor

↑
Any tenant or lessee of lands who shall willfully, wrongfully and with intent to defraud the landlord or lessor, give up the possession of the rented or leased premises to any person other than his landlord or lessor, shall be guilty of a Class 1 misdemeanor.
Β§ 42-14

Notice to quit in certain tenancies

↑
A tenancy from year to year may be terminated by a notice to quit given one month or more before the end of the current year of the tenancy; a tenancy from month to month by a like notice of seven days; a tenancy from week to week, of two days. Provided, however, where the tenancy involves only the rental of a space for a manufactured home as defined in G.S. 143-143.9(6), a notice to quit must be given at least 60 days before the end of the current rental period, regardless of the term of the tenancy.
Β§ 42-14.1

Preemption of local regulations

↑
(a) No county or city as defined by G.S. 160A-1 may enact, maintain, or enforce any ordinance or resolution which regulates the amount of rent to be charged for privately owned, single-family or multiple unit residential or commercial rental property. (b) No county or city as defined by G.S. 160A-1 may enact, maintain, or enforce any ordinance or resolution which prohibits an owner, lessee, sublessee, assignee, managing agent, or other person having the right to lease, sublease, or rent a housing accommodation from refusing to lease or rent the housing accommodation to a person because the person's lawful source of income to pay rent includes funding from a federal housing assistance program. (c) This section shall not be construed as prohibiting any county or city, or any authority created by a county or city for that purpose, from: (1) Regulating in any way property belonging to that city, county, or authority. (2) Entering into agreements with private persons which regulate the amount of rent charged for subsidized rental properties. (3) Enacting ordinances or resolutions restricting rent for properties assisted with Community Development Block Grant Funds. (4) Enacting ordinances or resolutions applicable to owners or operators that receive funding or financial incentives from the county or city.
Β§ 42-14.2

Death, illness, or conviction of certain crimes not a material fact

↑
In offering real property for rent or lease it shall not be deemed a material fact that the real property was occupied previously by a person who died or had a serious illness while occupying the property or that a person convicted of any crime for which registration is required by Article 27A of Chapter 14 of the General Statutes occupies, occupied, or resides near the property; provided, however, that no landlord or lessor may knowingly make a false statement regarding any such fact.
Β§ 42-14.3

Notice of conversion of manufactured home communities

↑
(a) In the event that an owner of a manufactured home community (defined as a parcel of land, whether undivided or subdivided, that has been designed to accommodate at least five manufactured homes) intends to convert the manufactured home community, or any part thereof, to another use that will require movement of the manufactured homes, the owner of the manufactured home community shall give each owner of a manufactured home and the North Carolina Housing Finance Agency notice of the intended conversion at least 180 days before the owner of a manufactured home is required to vacate and move the manufactured home, regardless of the term of the tenancy. Failure to give notice to each manufactured home owner as required by this section is a defense in an action for possession. The respective rights and obligations of the community owner and the owner of the manufactured home under their lease shall continue in effect during the notice period. (b) Notwithstanding subsection (a) of this section, if a manufactured home community is being closed pursuant to a valid order of any unit of State or local government, the owner of the community shall be required to give notice of the closure of the community to each resident of the community and the North Carolina Housing Finance Agency within three business days of the date on which the order is issued.
Β§ 42-14.4

Notice to State Bar of attorney default on lease

↑
(a) If a landlord has actual knowledge that a tenant is an attorney, the landlord shall deliver notice to the North Carolina State Bar at least 15 days prior to the destruction or discard of any potentially confidential materials remaining in the premises after the landlord obtains possession of the premises, whether by summary ejectment under Article 3 of this Chapter or by any other means, including the tenant vacating the premises. For purposes of this section, the term potentially confidential materials means client files, trust or operating account records, or other materials relating to client matters. The landlord's notice to the State Bar shall contain the name of the attorney who is presumed to be the tenant, the location of the potentially confidential materials, and a phone number, address, or other means to contact the landlord. During the 15-day period after notice, a landlord may move for storage purposes, but shall not throw away, dispose of, or sell, potentially confidential materials remaining in the premises. (b) The State Bar or its designee may take possession of the materials, at its sole expense, within the 15-day period provided for in subsection (a) of this section without the necessity of a court order. (c) A landlord that attempts in good faith to comply with the requirements of this section shall not be liable for losses to any person arising directly or indirectly out of the disposal of any potentially confidential materials.
Β§ 42-14.5

Foreseeability not created by criminal record; no duty to screen

↑
Notwithstanding any other duty or obligation which may be defined by this Chapter or otherwise provided by law or any theory of liability, the criminal record of any prospective or current residential lessee, occupant, or guest shall not make any future injury or damage arising from that residential lessee, occupant, or guest foreseeable by the residential lessor or residential lessor's agent, nor shall a residential lessor or a residential lessor's agent have a duty to screen for, or to refuse to rent because of, the criminal record of a prospective or current residential lessee, occupant, or guest. This statute does not prohibit a residential lessor or residential lessor's agent from using a criminal background check as grounds for refusing to rent to any prospective residential lessee or current lessee.
Β§ 42-14.6

Transient occupancies excluded

↑
The provisions of this Chapter shall not apply to transient occupancies, as defined in G.S. 72-1(c). An agreement related to a transient occupancy shall not be deemed to create a tenancy or a residential tenancy unless expressly provided in the agreement.
Β§ 42-15

Landlord's lien on crops for rents, advances, etc.; enforcement

↑
When lands are rented or leased by agreement, written or oral, for agricultural purposes, or are cultivated by a cropper, unless otherwise agreed between the parties to the lease or agreement, any and all crops raised on said lands shall be deemed and held to be vested in possession of the lessor or his assigns at all times, until the rents for said lands are paid and until all the stipulations contained in the lease or agreement are performed, or damages in lieu thereof paid to the lessor or his assigns, and until said party or his assigns is paid for all advancements made and expenses incurred in making and saving said crops. This lien shall be preferred to all other liens, and the lessor or his assigns is entitled, against the lessee or cropper, or the assigns of either, who removes the crop or any part thereof from the lands without the consent of the lessor or his assigns, or against any other person who may get possession of said crop or any part thereof, to the remedies given in an action upon a claim for the delivery of personal property.
Β§ 42-15.1

Landlord's lien on crop insurance for rents, advances, etc.; enforcement

↑
Where lands are rented or leased by agreement, written or oral, for agricultural purposes, or are cultivated by a cropper, unless otherwise agreed between the parties to the lease or agreement, the landlord or his assigns shall have a lien on all the insurance procured by the tenant or cropper on the crops raised on the lands leased or rented to the extent of any rents due or advances made to the tenant or cropper. The lien provided herein shall be preferred to all other liens on said insurance, and the landlord or his assigns shall be entitled to all the remedies at law for the enforcement of the lien.
Β§ 42-16

Rights of tenants

↑
When the lessor or his assigns gets the actual possession of the crop or any part thereof otherwise than by the mode prescribed in G.S. 42-15, and refuses or neglects, upon a notice, written or oral, of five days, given by the lessee or cropper or the assigns of either, to make a fair division of said crop, or to pay over to such lessee or cropper or the assigns of either, such part thereof as he may be entitled to under the lease or agreement, then and in that case the lessee or cropper or the assigns of either is entitled to the remedies against the lessor or his assigns given in an action upon a claim for the delivery of personal property to recover such part of the crop as he, in law and according to the lease or agreement, may be entitled to.
Β§ 42-17

Action to settle dispute between parties

↑
When any controversy arises between the parties, and neither party avails himself of the provisions of this Chapter, it is competent for either party to proceed at once to have the matter determined in the appropriate trial division of the General Court of Justice.
Β§ 42-18

Tenant's undertaking on continuance or appeal

↑
In case there is a continuance or an appeal from the magistrate's decision to the district court, the lessee or cropper, or the assigns of either, shall be allowed to retain possession of said property upon his giving an undertaking to the lessor or his assigns, or the adverse party, in a sum double the amount of the claim, if such claim does not amount to more than the value of such property, otherwise to double the value of such property, with good and sufficient surety, to be approved by the magistrate or the clerk of the superior court, conditioned for the faithful payment to the adverse party of such damages as he shall recover in said action.
Β§ 42-19

Crops delivered to landlord on his undertaking

↑
In case the lessee or cropper, or the assigns of either, at the time of the appeal or continuance mentioned in G.S. 42-18, fails to give the undertaking therein required, then the sheriff or other lawful officer shall deliver the property into the actual possession of the lessor or his assigns, upon the lessor or his assigns giving to the adverse party an undertaking in double the amount of said property, to be justified as required in G.S. 42-18, conditioned for the forthcoming of such property, or the value thereof, in case judgment is pronounced against him.
Β§ 42-20

Crops sold, if neither party gives undertaking

↑
If neither party gives the undertaking described in G.S. 42-18 and 42-19, it is the duty of the clerk of the superior court to issue an order to the sheriff, or other lawful officer, directing him to take into his possession all of said property, or so much thereof as may be necessary to satisfy the claimant's demand and costs, and to sell the same under the rules and regulations prescribed by law for the sale of personal property under execution, and to hold the proceeds thereof subject to the decision of the court upon the issue or issues pending between the parties.
Β§ 42-21

Tenant's crop not subject to execution against landlord

↑
Whenever servants and laborers in agriculture shall by their contracts, oral or written, be entitled, for wages, to a part of the crops cultivated by them, such part shall not be subject to sale under executions against their employers, or the owners of the land cultivated.
Β§ 42-22

Unlawful seizure by landlord or removal by tenant misdemeanor

↑
If any landlord shall unlawfully, willfully, knowingly and without process of law, and unjustly seize the crop of his tenant when there is nothing due him, he shall be guilty of a Class 1 misdemeanor. If any lessee or cropper, or the assigns of either, or any other person, shall remove a crop, or any part thereof, from land without the consent of the lessor or his assigns, and without giving him or his agent five days' notice of such intended removal, and before satisfying all the liens held by the lessor or his assigns, on said crop, he shall be guilty of a Class 1 misdemeanor.
Β§ 42-22.1

Failure of tenant to account for sales under tobacco marketing cards

↑
Any tenant or share cropper having possession of a tobacco marketing card issued by any agency of the State or federal government who sells tobacco authorized to be sold thereby and fails to account to his landlord, to the extent of the net proceeds of such sale or sales, for all liens, rents, advances, or other claims held by his landlord against the tobacco or the proceeds of the sale of such tobacco, shall be guilty of a Class 1 misdemeanor.
Β§ 42-23

Terms of agricultural tenancies in certain counties

↑
All agricultural leases and contracts hereafter made between landlord and tenant for a period of one year or from year to year, whether such tenant pay a specified rental or share in the crops grown, such year shall be from December first to December first, and such period of time shall constitute a year for agricultural tenancies in lieu of the law and custom heretofore prevailing, namely from January first to January first. In all cases of such tenancies a notice to quit of one month as provided in G.S. 42-14 shall be applicable. This section shall only apply to the counties of Alamance, Anson, Ashe, Bladen, Brunswick, Columbus, Craven, Cumberland, Duplin, Edgecombe, Gaston, Greene, Hoke, Jones, Lenoir, Lincoln, Montgomery, Onslow, Pender, Person, Pitt, Robeson, Sampson, Wayne and Yadkin.
Β§ 42-24

Turpentine and lightwood leases

↑
This Chapter shall apply to all leases or contracts to lease turpentine trees, or use lightwood for purposes of making tar, and the parties thereto shall be fully subject to the provisions and penalties of this Chapter.
Β§ 42-25

Mining and timberland leases

↑
If in a lease of land for mining, or of timbered land for the purpose of manufacturing the timber into goods, rent is reserved, and if it is agreed in the lease that the minerals, timber or goods, or any portion thereof, shall not be removed until the payment of the rent, in such case the lessor shall have the rights and be entitled to the remedy given by this Chapter.
Β§ 42-25.6

Manner of ejectment of residential tenants

↑
It is the public policy of the State of North Carolina, in order to maintain the public peace, that a residential tenant shall be evicted, dispossessed or otherwise constructively or actually removed from his dwelling unit only in accordance with the procedure prescribed in Article 3 or Article 7 of this Chapter.
Β§ 42-25.7

Distress and distraint not permitted

↑
It is the public policy of the State of North Carolina that distress and distraint are prohibited and that landlords of residential rental property shall have rights concerning the personal property of their residential tenants only in accordance with G.S. 42-25.9(d), 42-25.9(g), 42-25.9(h), 42-36.2, 28A-25-2, or 28A-25-7.
Β§ 42-25.8

Contrary lease provisions

↑
Any lease or contract provision contrary to this Article shall be void as against public policy.
Β§ 42-25.9

Remedies

↑
(a) If any lessor, landlord, or agent removes or attempts to remove a tenant from a dwelling unit in any manner contrary to this Article, the tenant shall be entitled to recover possession or to terminate his lease and the lessor, landlord or agent shall be liable to the tenant for damages caused by the tenant's removal or attempted removal. Damages in any action brought by a tenant under this Article shall be limited to actual damages as in an action for trespass or conversion and shall not include punitive damages, treble damages or damages for emotional distress. (b) If any lessor, landlord, or agent seizes possession of or interferes with a tenant's access to a tenant's or household member's personal property in any manner not in accordance with G.S. 44A-2(e2), 42-25.9(d), 42-25.9(g), 42-25.9(h), or G.S. 42-36.2 the tenant or household member shall be entitled to recover possession of his personal property or compensation for the value of the personal property. (d) If any tenant abandons personal property of seven hundred fifty dollar ($750.00) value or less in the demised premises, or fails to remove such property at the time of execution of a writ of possession in an action for summary ejectment, the landlord may deliver the property into the custody of a nonprofit organization regularly providing free or at a nominal price clothing and household furnishings to people in need, upon that organization agreeing to identify and separately store the property for 30 days and to release the property to the tenant at no charge within the 30-day period. (g) Seven days after being placed in lawful possession by execution of a writ of possession, a landlord may dispose of personal property remaining on the premises. During the seven-day period after being placed in lawful possession, a landlord may move for storage purposes, but shall not throw away, dispose of, or sell any items of personal property remaining on the premises unless otherwise provided for in this Chapter. (h) If the total value of all property remaining on the premises at the time of execution of a writ of possession in an action for summary ejectment is less than five hundred dollars ($500.00), the property shall be deemed abandoned five days after the time of execution, and the landlord may throw away or dispose of the property.
Β§ 42-26

Tenant holding over may be dispossessed in certain cases

↑
(a) Any tenant or lessee of any house or land, and the assigns under the tenant or legal representatives of such tenant or lessee, who holds over and continues in the possession of the demised premises, or any part thereof, without the permission of the landlord, and after demand made for its surrender, may be removed from such premises in the manner hereinafter prescribed in any of the following cases: (1) When a tenant in possession of real estate holds over after his term has expired. (2) When the tenant or lessee, or other person under him, has done or omitted any act by which, according to the stipulations of the lease, his estate has ceased. (3) When any tenant or lessee of lands or tenements, who is in arrear for rent or has agreed to cultivate the demised premises and to pay a part of the crop to be made thereon as rent, or who has given to the lessor a lien on such crop as a security for the rent, deserts the demised premises, and leaves them unoccupied and uncultivated. (b) An arrearage in costs owed by a tenant for water or sewer services pursuant to G.S. 62-110(g) or electric service pursuant to G.S. 62-110(h) shall not be used as a basis for termination of a lease under this Chapter. (c) In an action for ejectment based upon G.S. 42-26(a)(2), the lease may provide that the landlord's acceptance of partial rent or partial housing subsidy payment does not waive the tenant's breach for which the right of reentry was reserved.
Β§ 42-27

Local: Refusal to perform contract ground for dispossession

↑
When any tenant or cropper who enters into a contract for the rental of land for the current or ensuing year willfully neglects or refuses to perform the terms of his contract without just cause, he shall forfeit his right of possession to the premises. This section applies only to the following counties: Alamance, Alexander, Alleghany, Anson, Ashe, Beaufort, Bertie, Bladen, Brunswick, Burke, Cabarrus, Camden, Carteret, Caswell, Chatham, Chowan, Cleveland, Columbus, Craven, Cumberland, Currituck, Davidson, Duplin, Edgecombe, Forsyth, Franklin, Gaston, Gates, Greene, Guilford, Halifax, Harnett, Hertford, Hoke, Hyde, Jackson, Johnston, Jones, Lee, Lenoir, Martin, Mecklenburg, Montgomery, Moore, Nash, New Hanover, Northampton, Onslow, Pasquotank, Pender, Perquimans, Pitt, Polk, Randolph, Robeson, Rockingham, Rowan, Rutherford, Sampson, Stokes, Surry, Swain, Tyrrell, Union, Wake, Warren, Washington, Wayne, Wilson, Yadkin.
Β§ 42-28

Summons issued by clerk

↑
When the lessor or his assignee files a complaint pursuant to G.S. 42-26 or 42-27, and asks to be put in possession of the leased premises, the clerk of superior court shall issue a summons requiring the defendant to appear at a certain time and place not to exceed seven days from the issuance of the summons, excluding weekends and legal holidays, to answer the complaint. The plaintiff may claim rent in arrears, and damages for the occupation of the premises since the cessation of the estate of the lessee, not to exceed the jurisdictional amount established by G.S. 7A-210(1), but if he omits to make such claim, he shall not be prejudiced thereby in any other action for their recovery.
Β§ 42-29

Service of summons

↑
The officer receiving the summons shall mail a copy of the summons and complaint to the defendant no later than the end of the next business day or as soon as practicable at the defendant's last known address in a stamped addressed envelope provided by the plaintiff to the action. The officer may, within five days of the issuance of the summons, attempt to telephone the defendant requesting that the defendant either personally visit the officer to accept service, or schedule an appointment for the defendant to receive delivery of service from the officer. If the officer does not attempt to telephone the defendant or the attempt is unsuccessful or does not result in service to the defendant, the officer shall make at least one visit to the place of abode of the defendant within five days of the issuance of the summons, but at least two days prior to the day the defendant is required to appear to answer the complaint, excluding legal holidays, at a time reasonably calculated to find the defendant at the place of abode to attempt personal delivery of service. He then shall deliver a copy of the summons together with a copy of the complaint to the defendant, or leave copies thereof at the defendant's dwelling house or usual place of abode with some person of suitable age and discretion then residing therein. If such service cannot be made the officer shall affix copies to some conspicuous part of the premises claimed and make due return showing compliance with this section.
Β§ 42-30

Judgment by confession, where plaintiff has proved case, or failure to appear

↑
The summons shall be returned according to its tenor, and if on its return it appears to have been duly served, and if (i) the plaintiff proves his case by a preponderance of the evidence, (ii) the defendant admits the allegations of the complaint, or (iii) the defendant fails to appear on the day of court, and the plaintiff requests in open court a judgment for possession based solely on the filed pleadings where the pleadings allege defendant's failure to pay rent as a breach of the lease for which reentry is allowed and the defendant has not filed a responsive pleading, the magistrate shall give judgment that the defendant be removed from, and the plaintiff be put in possession of, the demised premises.
Β§ 42-31

Trial by magistrate

↑
If the defendant by his answer denies any material allegation in the oath of the plaintiff, the magistrate shall hear the evidence and give judgment as he shall find the facts to be. If the magistrate finds in favor of the plaintiff, the magistrate's judgment shall include an order to the clerk of superior court providing that if the judgment is appealed by the defendant, the clerk of superior court is compelled to pay to the plaintiff any amount specified in subsection (e) or (g) of G.S. 42-34 within five business days of a written request by the plaintiff.
Β§ 42-32

Damages assessed to trial

↑
On appeal to the district court, the jury trying issues joined shall assess the damages of the plaintiff for the detention of his possession to the time of the trial in that court; and, if the jury finds that the detention was wrongful and that the appeal was without merit and taken for the purpose of delay, the plaintiff, in addition to any other damages allowed, shall be entitled to the amount of rent in arrears, or which may have accrued, to the time of trial in the district court. Judgment for the rent in arrears and for the damages assessed may, on motion, be rendered against the sureties to the appeal.
Β§ 42-33

Rent and costs tendered by tenant

↑
If, in any action brought to recover the possession of demised premises upon a forfeiture for the nonpayment of rent, the tenant, before judgment given in such action, pays or tenders the rent due and the costs of the action, all further proceedings in such action shall cease. If the plaintiff further prosecutes his action, and the defendant pays into court for the use of the plaintiff a sum equal to that which shall be found to be due, and the costs, to the time of such payment, or to the time of a tender and refusal, if one has occurred, the defendant shall recover from the plaintiff all subsequent costs; the plaintiff shall be allowed to receive the sum paid into court for his use, and the proceedings shall be stayed.
Β§ 42-34

Undertaking on appeal and order staying execution

↑
(a) Upon appeal to the district court, either party may demand that the case be tried at the first session of the court after the appeal is docketed, but the presiding judge, in his discretion, may first try any pending case in which the rights of the parties or the public demand it. (b) During an appeal to district court, it shall be sufficient to stay execution of a judgment for ejectment if the defendant appellant pays to the clerk of superior court any rent in arrears as determined by the magistrate and signs an undertaking that he or she will pay into the office of the clerk of superior court the amount of the tenant's share of the contract rent as it becomes due periodically after the judgment was entered. (c) In an ejectment action based upon alleged nonpayment of rent where the judgment is entered more than five business days before the day when the next rent will be due under the lease, the appellant shall make an additional undertaking to stay execution pending appeal. (c1) An indigent defendant appellant who prosecutes his or her appeal as an indigent shall pay the amount of the contract rent as it becomes periodically due but shall not be required to pay rent in arrears in order to stay execution pending appeal. (e) Upon application of the plaintiff, the clerk of superior court shall, within five business days of a written request, pay to the plaintiff any amount of the rental payments paid by the defendant into the clerk's office which are not claimed by the defendant in any pleadings. (f) If the defendant fails to make a payment within five business days of the due date according to the undertaking and order staying execution, the clerk, upon application of the plaintiff, shall issue execution on the judgment for possession.
Β§ 42-34.1

Rent pending execution of judgment; post bond pending appeal

↑
(a) If the judgment in district court is against the defendant appellant, it is sufficient to stay execution of the judgment during the 30-day time period for taking an appeal if the defendant appellant posts a bond as provided in G.S. 42-34(b). No additional security under G.S. 1-292 is required. If the defendant appellant fails to make rental payments as provided in the undertaking within five business days of the day rent is due, the clerk of superior court shall, upon application of the plaintiff appellee, immediately issue a writ of possession. (a1) If the judgment in district court is against the defendant appellant and the defendant appellant does not appeal the judgment, the defendant appellant shall pay rent to the plaintiff for the time the defendant appellant remains in possession of the premises after the judgment is given. (b) If the judgment in district court is against the defendant appellant and the defendant appellant appeals the judgment, it is sufficient to stay execution of the judgment if the defendant appellant posts a bond as provided in G.S. 42-34(b).
Β§ 42-35

Restitution of tenant, if case quashed, etc., on appeal

↑
If the proceedings before the magistrate are brought before a district court and quashed, or judgment is given against the plaintiff, the district or other court in which final judgment is given shall, if necessary, restore the defendant to the possession, and issue such writs as are proper for that purpose.
Β§ 42-36

Damages to tenant for dispossession, if proceedings quashed, etc.

↑
If, by order of the magistrate, the plaintiff is put in possession, and the proceedings shall afterwards be quashed or reversed, the defendant may recover damages of the plaintiff for his removal.
Β§ 42-36.1

Lease or rental of manufactured homes

↑
The provisions of this Article shall apply to the lease or rental of manufactured homes, as defined in G.S. 143-145.
Β§ 42-36.1A

Judgments for possession more than 30 days old

↑
Prior to obtaining execution of a judgment that has been entered for more than 30 days for possession of demised premises, a landlord shall sign an affidavit stating that the landlord has neither entered into a formal lease with the defendant nor accepted rental money from the defendant for any period of time after entry of the judgment.
Β§ 42-36.2

Notice to tenant of execution of writ for possession of property; storage of evicted tenant's personal property

↑
(a) Before removing a tenant's personal property from demised premises pursuant to a writ for possession of real property or an order, the sheriff shall give the tenant notice of the approximate time the writ will be executed. The time within which the sheriff shall have to execute the writ shall be no more than five days from the sheriff's receipt thereof. (b) When the sheriff removes the personal property of an evicted tenant from demised premises pursuant to a writ or order the tenant shall take possession of his property. If the tenant fails or refuses to take possession of his property, the sheriff may deliver the property to any storage warehouse in the county for storage. Within seven days of the landlord's being placed in lawful possession by execution of a writ of possession and upon the tenant's request within that seven-day period, the landlord shall release possession of the property to the tenant during regular business hours or at a time agreed upon. If, after being placed in lawful possession by execution of a writ, the landlord has offered to release the tenant's property and the tenant fails to retrieve such property during the landlord's regular business hours within seven days after execution of the writ, the landlord may throw away, dispose of, or sell the property in accordance with the provisions of G.S. 42-25.9(g). (d) The notice required by subsection (a) shall inform the tenant that failure to request possession of any property on the premises within seven days of execution may result in the property being thrown away, disposed of, or sold.
Β§ 42-36.3

Death of residential tenant; landlord may file affidavit to remove personal property from the dwelling unit

↑
Notwithstanding any other provision of this Chapter, when a decedent who is the sole occupant of a dwelling unit dies leaving tangible personal property in the dwelling unit, the landlord may, instead of commencing a summary ejectment action, file an affidavit as provided in G.S. 28A-25-7.
Β§ 42-37.1

Defense of retaliatory eviction

↑
(a) It is the public policy of the State of North Carolina to protect tenants and other persons whose residence in the household is explicitly or implicitly known to the landlord, who seek to exercise their rights to decent, safe, and sanitary housing. Therefore, the following activities of such persons are protected by law: (1) A good faith complaint or request for repairs to the landlord about conditions or defects in the premises that the landlord is obligated to repair under G.S. 42-42; (2) A good faith complaint to a government agency about a landlord's alleged violation of any health or safety law; (3) A government authority's issuance of a formal complaint to a landlord concerning premises rented by a tenant; (4) A good faith attempt to exercise, secure or enforce any rights existing under a valid lease or rental agreement or under State or federal law; or (5) A good faith attempt to organize, join, or become otherwise involved with, any organization promoting or enforcing tenants' rights. (b) In an action for summary ejectment pursuant to G.S. 42-26, a tenant may raise the affirmative defense of retaliatory eviction and may present evidence that the landlord's action is substantially in response to the occurrence within 12 months of the filing of such action of one or more of the protected acts. (c) Notwithstanding subsections (a) and (b), a landlord may prevail in an action for summary ejectment if: (1) The tenant breached the covenant to pay rent or any other substantial covenant of the lease; or (2) The tenant holds over after expiration of the term in a definite-period tenancy with no renewal option; or (3) The violation complained of was caused primarily by the willful or negligent conduct of the tenant; or (4) Compliance with applicable codes requires demolition or major alteration that cannot be accomplished without completely displacing the tenant; or (5) The landlord's notice to quit was delivered prior to the occurrence of any protected activities; or (6) The landlord seeks in good faith to recover possession for use as the landlord's own abode, to demolish or make major alterations, or to terminate for at least six months the use of the property as a rental dwelling unit.
Β§ 42-37.2

Remedies

↑
(a) If the court finds that an ejectment action is retaliatory, as defined by this Article, it shall deny the request for ejectment; provided, that a dismissal of the request for ejectment shall not prevent the landlord from receiving payments for rent due or any other appropriate judgment. (b) The rights and remedies created by this Article are supplementary to all existing common law and statutory rights and remedies.
Β§ 42-37.3

Waiver

↑
Any waiver by a tenant or a member of his household of the rights and remedies created by this Article is void as contrary to public policy.
Β§ 42-38

Application

↑
This Article determines the rights, obligations, and remedies under a rental agreement for a dwelling unit within this State.
Β§ 42-39

Exclusions

↑
(a) Repealed by Session Laws 2023-5, s. 1.5. (a1) The provisions of this Article shall not apply to vacation rentals entered into under Chapter 42A of the General Statutes. (b) Nothing in this Article shall apply to any dwelling furnished without charge or rent.
Β§ 42-40

Definitions

↑
For the purpose of this Article, the following definitions shall apply: (1) "Action" includes recoupment, counterclaim, defense, setoff, and any other proceeding including an action for possession. (2) "Premises" means a dwelling unit, including mobile homes or mobile home spaces, and the structure of which it is a part and facilities and appurtenances therein and grounds, areas, and facilities normally held out for the use of residential tenants. (3) "Landlord" means any owner and any rental management company, rental agency, or any other person having the actual or apparent authority of an agent to perform the duties imposed by this Article. (4) "Protected tenant" means a tenant or household member who is a victim of domestic violence under Chapter 50B of the General Statutes or sexual assault or stalking under Chapter 14 of the General Statutes.
Β§ 42-41

Mutuality of obligations

↑
The tenant's obligation to pay rent under the rental agreement or assignment and to comply with G.S. 42-43 and the landlord's obligation to comply with G.S. 42-42(a) shall be mutually dependent.
Β§ 42-42

Landlord to provide fit premises

↑
(a) The landlord shall: (1) Comply with the current applicable building and housing codes. (1a) Comply with all applicable elevator safety requirements in G.S. 143-143.7. (2) Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition. (3) Keep all common areas of the premises in safe condition. (4) Maintain in good and safe working order and promptly repair all electrical, plumbing, sanitary, heating, ventilating, air conditioning, and other facilities and appliances supplied or required to be supplied by the landlord provided that notification of needed repairs is made to the landlord in writing by the tenant, except in emergency situations. (5) Provide operable smoke alarms and install them in accordance with the standards of the National Fire Protection Association or the manufacturer's instructions. The landlord shall replace or repair the smoke alarms within 15 days of receipt of written notification. (5a) After December 31, 2012, when installing a new smoke alarm or replacing an existing smoke alarm, install a tamper-resistant, 10-year lithium battery smoke alarm. (7) Provide a minimum of one operable carbon monoxide alarm per rental unit per level. (8) Within a reasonable period of time based upon the severity of the condition, repair or remedy any imminently dangerous condition on the premises after acquiring actual knowledge or receiving notice of the condition. Imminently dangerous conditions include: unsafe wiring, unsafe flooring or steps, unsafe ceilings or roofs, unsafe chimneys or flues, lack of potable water, lack of operable locks on all doors leading to the outside, broken windows or lack of operable locks on ground level windows, lack of operable heating facilities capable of heating living areas to 65 degrees Fahrenheit when it is 20 degrees outside from November 1 through March 31, lack of an operable toilet, lack of an operable bathtub or shower, rat infestation as a result of structural defects, and excessive standing water, sewage, or flooding problems caused by plumbing leaks or inadequate drainage. (b) The landlord is not released of his obligations under any part of this section by the tenant's explicit or implicit acceptance of the landlord's failure to provide premises complying with this section.
Β§ 42-42.1

Water, electricity, and natural gas conservation

↑
(a) For the purpose of encouraging water, electricity, and natural gas conservation, pursuant to a written rental agreement, a lessor may charge for the cost of providing water or sewer service to lessees pursuant to G.S. 62-110(g), electric service pursuant to G.S. 62-110(h), natural gas service pursuant to G.S. 62-110(i), or for electricity or natural gas used by a central system pursuant to G.S. 62-110(j). (b) The lessor may not disconnect or terminate the lessee's electric service, water or sewer services, or natural gas service, nor may the landlord terminate the lessee's receipt of the benefits of the use of a central system, due to the lessee's nonpayment of the amount due for electric service, water or sewer services, or natural gas service.
Β§ 42-42.2

Victim protection - nondiscrimination

↑
A landlord shall not terminate a tenancy, fail to renew a tenancy, refuse to enter into a rental agreement, or otherwise retaliate in the rental of a dwelling based substantially on: (i) the tenant, applicant, or a household member's status as a victim of domestic violence, sexual assault, or stalking; or (ii) the tenant or applicant having terminated a rental agreement under G.S. 42-45.1.
Β§ 42-42.3

Victim protection - change locks

↑
(a) If the perpetrator of domestic violence, sexual assault, or stalking is not a tenant in the same dwelling unit as the protected tenant, a tenant of a dwelling may give oral or written notice to the landlord and may request that the locks to the dwelling unit be changed. A landlord who receives a request under this subsection shall change the locks within 48 hours. (b) If the perpetrator is a tenant in the same dwelling unit as the victim, the tenant must provide the landlord with a copy of a court order requiring the perpetrator to stay away from the dwelling unit before locks can be changed. The landlord shall change the locks within 72 hours. (c) The protected tenant shall bear the expense of changing the locks. If a landlord fails to act within the required time, the protected tenant may change the locks without the landlord's permission and shall give a key to the new locks to the landlord within 48 hours.
Β§ 42-43

Tenant to maintain dwelling unit

↑
(a) The tenant shall: (1) Keep that part of the premises that the tenant occupies and uses as clean and safe as the conditions of the premises permit and cause no unsafe or unsanitary conditions in the common areas. (2) Dispose of all ashes, rubbish, garbage, and other waste in a clean and safe manner. (3) Keep all plumbing fixtures in the dwelling unit as clean as their condition permits. (4) Not deliberately or negligently destroy, deface, damage, or remove any part of the premises, nor render inoperable the smoke alarm or carbon monoxide alarm provided by the landlord. (5) Comply with any and all obligations imposed upon the tenant by current applicable building and housing codes. (6) Be responsible for all damage, defacement, or removal of any property inside a dwelling unit in the tenant's exclusive control unless due to ordinary wear and tear, acts of the landlord, defective products, acts of third parties not invitees of the tenant, or natural forces. (7) Notify the landlord, in writing, of the need for replacement of or repairs to a smoke alarm or carbon monoxide alarm. (b) The landlord shall notify the tenant in writing of any breaches of the tenant's obligations under this section except in emergency situations.
Β§ 42-44

General remedies, penalties, and limitations

↑
(a) Any right or obligation declared by this Chapter is enforceable by civil action, in addition to other remedies of law and in equity. (a1) If a landlord fails to provide, install, replace, or repair a smoke alarm or carbon monoxide alarm within 30 days of written notice, the landlord shall be responsible for an infraction and subject to a fine of not more than $250 for each violation. (a2) If a smoke alarm or carbon monoxide alarm is disabled or damaged by the tenant, the tenant shall reimburse the landlord the reasonable cost for repairing or replacing it within 30 days of written notice, or be subject to a fine of not more than $100 for each violation. (c) The tenant may not unilaterally withhold rent prior to a judicial determination of a right to do so. (c1) A real estate broker or firm managing a rental property on behalf of a landlord shall not be personally liable as a party in a civil action between the landlord and tenant solely because the broker or firm fails to identify the landlord in the rental agreement. (d) A violation of this Article shall not constitute negligence per se.
Β§ 42-45

Early termination of rental agreement by military personnel, surviving family members, or lawful representative

↑
(a) Any military technician who is required to move pursuant to permanent change of station orders to depart 50 miles or more from the location of the dwelling unit, or is prematurely or involuntarily discharged from active duty, may terminate the rental agreement by providing the landlord with a written notice of termination to be effective at least 30 days after the landlord's receipt. The notice must be accompanied by a copy of official military orders or a written verification signed by the commanding officer. (a1) Any military technician deployed with a military unit for a period of not less than 90 days may terminate the rental agreement by providing written notice. Termination is effective 30 days after the first date the next rental payment is due or 45 days after the landlord's receipt, whichever is shorter. (a2) The tenant is liable for prorated rent to the effective date of termination. The tenant is not liable for any other rent or damages except liquidated damages provided in subsection (b). (b) The tenant is liable to the landlord for liquidated damages provided the tenant has completed less than nine months of the tenancy and the landlord has suffered actual damages. Liquidated damages shall not exceed one month's rent if less than six months completed, or one-half month's rent if six to nine months completed. (c) These provisions may not be waived or modified.
Β§ 42-45.1

Early termination of rental agreement by victims of domestic violence, sexual assault, or stalking

↑
(a) Any protected tenant may terminate the rental agreement by providing the landlord with written notice to be effective at least 30 days after the landlord's receipt. The notice shall be accompanied by either a copy of a valid order of protection, a criminal order restraining a person from contact with a protected tenant, or a valid Address Confidentiality Program card. A victim of domestic violence or sexual assault must submit a copy of a safety plan with the notice to terminate. (b) The tenant is liable for prorated rent to the effective date of termination. The tenant is not liable for any other rent or fees due only to the early termination. (c) If there are remaining tenants residing in the dwelling unit, the tenancy shall continue for those tenants. The perpetrator excluded by court order remains liable under the lease for rent or damages. (d) These provisions may not be waived or modified.
Β§ 42-45.2

Early termination of rental agreement by tenants residing in certain foreclosed property

↑
Any tenant who resides in residential real property containing less than 15 rental units that is being sold in a foreclosure proceeding may terminate the rental agreement after receiving notice pursuant to G.S. 45-21.17(4) by providing the landlord with a written notice of termination to be effective at least 10 days, but no more than 90 days, after the sale date contained in the notice of sale, provided that the mortgagor has not cured the default. The tenant is liable for prorated rent to the effective date of termination. The tenant is not liable for any other rent or damages due only to the early termination.
Β§ 42-46

Authorized fees, costs, and expenses

↑
(a) Late Fee: In all residential rental agreements in which a definite time for the payment of rent is fixed, the parties may agree to a late fee chargeable only if any rental payment is five calendar days or more late. (1) If rent is due in monthly installments, a landlord may charge a late fee not to exceed $15 or 5% of the monthly rent, whichever is greater. (2) If rent is due in weekly installments, a landlord may charge a late fee not to exceed $4 or 5% of the weekly rent, whichever is greater. (b) A late fee may be imposed only one time for each late rental payment and may not be deducted from a subsequent rental payment so as to cause that payment to be in default. (e) Complaint-Filing Fee: A landlord may charge an administrative fee not to exceed $15 or 5% of the monthly rent, whichever is greater, only if the tenant was in default, the landlord filed and served a complaint, the tenant cured the default, and the landlord dismissed the complaint prior to judgment. (f) Court-Appearance Fee: A landlord may charge an administrative court-appearance fee equal to 10% of the monthly rent only if the tenant was in default and the landlord prevailed in small claims court. (g) Second Trial Fee: A landlord may charge a second administrative trial fee not to exceed 12% of the monthly rent if the landlord prevails after an appeal. (h) A landlord is entitled to charge and retain only one of the administrative fees per complaint. (i) Out-of-Pocket Expenses: A landlord may also charge filing fees, costs for service of process, and if the prevailing party, reasonable attorneys' fees not to exceed 15% of the amount owed by the tenant.
Β§ 42-50

Deposits from the tenant

↑
Security deposits from the tenant in residential dwelling units shall be deposited in a trust account with a licensed and federally insured depository institution or a trust institution authorized to do business in this State, or the landlord may, at the landlord's option, furnish a bond from an insurance company licensed to do business in North Carolina. The security deposits from the tenant may be held in a trust account outside of the State of North Carolina only if the landlord provides the tenant with an adequate bond in the amount of the deposits. The landlord or the landlord's agent shall notify the tenant within 30 days after the beginning of the lease term of the name and address of the bank or institution where the tenant's deposit is currently located or the name of the insurance company providing the bond.
Β§ 42-51

Permitted uses of the deposit

↑
(a) Security deposits for residential dwelling units shall be permitted only for the following: (1) The tenant's possible nonpayment of rent and costs for water or sewer services and electric service. (2) Damage to the premises, including damage to or destruction of smoke alarms or carbon monoxide alarms. (3) Damages as the result of the nonfulfillment of the rental period, except where the tenant terminated under G.S. 42-45 or 42-45.1 or was constructively evicted. (4) Any unpaid bills that become a lien against the demised property due to the tenant's occupancy. (5) The costs of re-renting the premises after breach by the tenant, including any reasonable fees or commissions paid to a licensed real estate broker. (6) The costs of removal and storage of the tenant's property after a summary ejectment proceeding. (7) Court costs. (8) Any fee permitted by G.S. 42-46. (b) The security deposit shall not exceed an amount equal to two weeks' rent if a tenancy is week to week, one and one-half months' rent if a tenancy is month to month, and two months' rent for terms greater than month to month.
Β§ 42-52

Landlord's obligations

↑
Upon termination of the tenancy, money held by the landlord as security may be applied as permitted in G.S. 42-51 or, if not so applied, shall be refunded to the tenant. In either case the landlord in writing shall itemize any damage and mail or deliver same to the tenant, together with the balance of the security deposit, no later than 30 days after termination of the tenancy and delivery of possession of the premises to the landlord. If the extent of the landlord's claim against the security deposit cannot be determined within 30 days, the landlord shall provide the tenant with an interim accounting no later than 30 days and shall provide a final accounting within 60 days after termination. If the tenant's address is unknown the landlord shall apply the deposit as permitted in G.S. 42-51 after a period of 30 days and shall hold the balance for collection by the tenant for at least six months. The landlord may not withhold as damages part of the security deposit for conditions that are due to normal wear and tear nor may the landlord retain an amount which exceeds his actual damages.
Β§ 42-53

Pet deposits

↑
Notwithstanding the provisions of this section, the landlord may charge a reasonable, nonrefundable fee for pets kept by the tenant on the premises.
Β§ 42-54

Transfer of dwelling units

↑
Upon termination of the landlord's interest in the dwelling unit, whether by sale, assignment, death, appointment of receiver or otherwise, the landlord or his agent shall, within 30 days, do one of the following acts: (1) Transfer the portion of such payment or deposit remaining after any lawful deductions to the landlord's successor in interest and thereafter notify the tenant by mail of such transfer and of the transferee's name and address; or (2) Return the portion of such payment or deposit remaining after any lawful deductions to the tenant.
Β§ 42-55

Remedies

↑
If the landlord or the landlord's successor in interest fails to account for and refund the balance of the tenant's security deposit as required by this Article, the tenant may institute a civil action to require the accounting of and the recovery of the balance of the deposit. The willful failure of a landlord to comply with the deposit, bond, or notice requirements of this Article shall void the landlord's right to retain any portion of the tenant's security deposit. In addition to other remedies, the tenant may recover damages resulting from noncompliance; and upon a finding of willful noncompliance, the court may award attorney's fees to be taxed as part of the costs of court.
Β§ 42-56

Application of Article

↑
The provisions of this Article shall apply to all persons, firms, or corporations engaged in the business of renting or managing residential dwelling units, excluding single rooms, on a weekly, monthly or annual basis.
Β§ 42-59

Definitions

↑
As used in this Article: (1) "Complete eviction" means the eviction and removal of a tenant and all members of the tenant's household. (2) "Criminal activity" means (i) activity that would constitute a violation of G.S. 90-95 other than a violation of G.S. 90-95(a)(3), or a conspiracy to violate any provision of G.S. 90-95 other than G.S. 90-95(a)(3); or (ii) other criminal activity that threatens the health, safety, or right of peaceful enjoyment of the entire premises by other residents or employees of the landlord. (3) "Entire premises" or "leased residential premises" means a house, building, mobile home, or apartment, whether publicly or privately owned, which is leased for residential purposes. (4) "Felony" means a criminal offense that constitutes a felony under North Carolina law. (5) "Guest" means any natural person who has been given express or implied permission by a tenant to enter an individual rental unit or any portion of the entire premises. (6) "Individual rental unit" means an apartment or individual dwelling which is leased to a particular tenant. (7) "Landlord" means a person, entity, corporation, or governmental authority or agency who or which owns, operates, or manages any leased residential premises. (8) "Partial eviction" means the eviction and removal of specified persons from a leased residential premises. (9) "Resident" means any natural person who lawfully resides in a leased residential premises who is not a signatory to a lease. (10) "Tenant" means any natural person or entity who is a named party or signatory to a lease or rental agreement.
Β§ 42-59.1

Statement of Public Policy

↑
The General Assembly recognizes that the residents of this State have the right to the peaceful, safe, and quiet enjoyment of their homes. The General Assembly further recognizes that these rights, as well as the health, safety, and welfare of residents, are often jeopardized by the criminal activity of other residents of rented residential property, but that landlords are often unable to remove those residents engaged in criminal activity. In order to ensure that residents of this State can have the peaceful, safe, and quiet enjoyment of their homes, the provisions of this Article are deemed to apply to all residential rental agreements in this State.
Β§ 42-60

Nature of actions and jurisdiction

↑
The causes of action established in this Article are civil actions to remove tenants or other persons from leased residential premises. These actions shall be brought in the district court of the county where the individual rental unit is located. If the plaintiff files the complaint as a small claim, the parties shall not be entitled to discovery from the magistrate. However, if such a case is filed originally in the district court or is appealed from the judgment of a magistrate for a new trial in the district court, all of the procedures and remedies in this Article shall be applicable.
Β§ 42-61

Standard of proof

↑
The civil causes of action established in this Article shall be proved by a preponderance of the evidence, except as otherwise expressly provided in G.S. 42-64.
Β§ 42-62

Parties

↑
(a) A civil action pursuant to this Article may be brought by the landlord of a leased residential premises, or the landlord's agent. (b) A civil action may be brought against any person within the jurisdiction of the court, including a tenant, adult or minor member of the tenant's household, guest, or resident of the leased residential premises. If any defendant's true name is unknown, process may issue under a fictitious name with an appropriate description sufficient to identify him or her. (c) A complaint initiating an action pursuant to this Article shall be served in the same manner as serving complaints in civil actions pursuant to G.S. 1A-1, Rule 4 and G.S. 42-29.
Β§ 42-63

Remedies and judicial orders

↑
(a) Grounds for Complete Eviction: The court shall order the immediate eviction of a tenant and all other residents where it finds that: (1) Criminal activity has occurred on or within the individual rental unit; or (2) The unit was used in furtherance of or to promote criminal activity; or (3) The tenant, household member, or guest has engaged in criminal activity on or in the immediate vicinity of the entire premises; or (4) The tenant has given permission to a barred person to return; or (5) The tenant has failed to notify law enforcement or the landlord that a barred person has returned. (b) Grounds for Partial Eviction: The court shall order the immediate removal of any person other than the tenant who has engaged in criminal activity on or in the immediate vicinity of the premises. (c) Conditional Eviction Orders: Where a household member or guest engaged in criminal activity but has not been subjected to the court's jurisdiction, a conditional eviction order shall be directed against the tenant, requiring that the barred person not be invited back.
Β§ 42-64

Affirmative defense or exemption to a complete eviction

↑
(a) The court shall refrain from ordering complete eviction where the tenant establishes that the tenant was not involved in the criminal activity and that: (1) The tenant did not know or have reason to know that criminal activity was occurring; or (2) The tenant had done everything that could reasonably be expected to prevent the commission of the criminal activity. (b) The affirmative defense shall not be available in a subsequent action unless the tenant establishes by clear and convincing evidence that no reasonable person could have foreseen the subsequent criminal activity or that the tenant had done everything reasonably expected to prevent it. (c) Where grounds for complete eviction have been established, the court shall order eviction unless clearly convinced that immediate eviction would be a serious injustice overriding the need to protect the rights, safety, and health of other tenants.
Β§ 42-65

Obstructing the execution or enforcement of a removal or eviction order

↑
Any person who knowingly violates any order issued pursuant to this Article or who knowingly interferes with, obstructs, impairs, or prevents any law enforcement officer from enforcing or executing any order issued pursuant to this Article, shall be subject to criminal contempt under Article 1 of Chapter 5A of the General Statutes.
Β§ 42-66

Motion to enforce eviction and removal orders

↑
(a) A motion to enforce an eviction or removal order shall be heard on an expedited basis and within 15 days of the service of the motion. (b) Mandatory Eviction: The court shall order the immediate eviction of the tenant where it finds that: (1) The tenant has given permission to any barred person to return; or (2) The tenant has failed to notify authorities that a barred person has returned; or (3) The tenant has otherwise knowingly violated an express term of any order issued pursuant to this Article.
Β§ 42-67

Impermissible defense

↑
It shall not be a defense to an action brought pursuant to this Article that the criminal activity was an isolated incident or otherwise has not recurred. Nor is it a defense that the person who actually engaged in the criminal activity no longer resides in the tenant's individual rental unit. However, evidence of such facts may be admissible if offered to support affirmative defenses or grounds for an exemption pursuant to G.S. 42-64.
Β§ 42-68

Expedited proceedings

↑
Where the complaint is filed as a small claim, the expedited process for summary ejectment applies. Where the complaint is filed initially in the district court or appealed to district court, the following procedures apply: (1) The court shall set the matter for a hearing on an expedited basis within the first term of court falling after 30 days from service. (2) The court shall not grant a continuance nor stay proceedings pending related criminal proceedings except for compelling and extraordinary reasons. (3) The defendant shall serve an answer within 20 days after service of the summons and complaint. (4) No extensions of time shall be granted except for compelling and extraordinary reasons. (5) A party who fails to plead in accordance with the time periods shall be subject to default provisions. (6) The Rules of Civil Procedure shall apply unless otherwise provided.
Β§ 42-69

Relation to criminal proceedings

↑
(a) Criminal prosecution is not required for civil action under this Article. (b) A final criminal conviction or adjudication of delinquency shall be considered conclusive proof that the criminal activity occurred. (c) Any evidence or testimony admitted in the criminal proceeding, including recordings or transcripts, may be admitted in the civil action. (d) The court may order sealed criminal proceeding records to be unsealed if relevant to the fair disposition of the civil action.
Β§ 42-70

Discovery

↑
(a) The parties shall be entitled to conduct discovery only in accordance with this section. (b) Any defendant must initiate all discovery within the time allowed for filing an answer or counterclaim. (c) The plaintiff must initiate all discovery within 20 days of service of an answer or counterclaim. (d) All parties served with interrogatories, requests for production, and requests for admissions shall serve their responses within 20 days. (e) Upon application by the plaintiff, the court shall issue a preliminary injunction against all alleged illegal activity pending the completion of discovery.
Β§ 42-71

Protection of threatened witnesses or affiants

↑
If proof necessary to establish the grounds for eviction depends upon the affidavits or testimony of witnesses who are not peace officers, the court may, upon a showing of prior threats of violence or acts of violence by any defendant or any other person, issue orders to protect those witnesses, including the nondisclosure of the name, address, or any other identifying information.
Β§ 42-72

Availability of law enforcement resources to plaintiffs or potential plaintiffs

↑
A law enforcement agency may make available to any person authorized to bring an action pursuant to this Article any police report or forensic laboratory report concerning criminal activity committed on or in the immediate vicinity of the leased residential premises. A law enforcement agency may also make any officer available to testify as a fact witness or expert witness. The agency shall not disclose such information where disclosure would jeopardize an investigation, prosecution, or other proceeding.
Β§ 42-73

Collection of rent

↑
A landlord shall be entitled to collect rent due and owing with knowledge of any illegal acts that violate the provisions of this act without such collection constituting a waiver of the alleged defaults.
Β§ 42-74

Preliminary or emergency relief

↑
The district court shall have the authority at any time to issue a temporary restraining order, grant a preliminary injunction, or take such other actions as the court deems necessary to enjoin or prevent the commission of criminal activity on or in the immediate vicinity of leased residential premises, or otherwise to protect the rights and interests of all tenants and residents. A violation of any such duly issued order shall subject the violator to civil or criminal contempt.
Β§ 42-75

Cumulative remedies

↑
The causes of action and remedies authorized by this Article shall be cumulative with each other and shall be in addition to, not in lieu of, any other causes of action or remedies which may be available at law or equity, including causes of action and remedies based on express provisions of the lease not contrary to this Article.
Β§ 42-76

Civil immunity

↑
Any person or organization who, in good faith, institutes, participates in, or encourages a person or entity to institute or participate in a civil action brought pursuant to this Article, or who in good faith provides any information relied upon by any person in instituting or participating in a civil action pursuant to this Article shall have immunity from any civil liability that might otherwise be incurred or imposed. Any such person or organization shall have the same immunity with respect to testimony given in any judicial proceeding conducted pursuant to this Article.

πŸ” Tenant Screening in North Carolina

Understanding North Carolina's landlord-tenant law is the foundation of good property management. The next step is screening tenants before they sign the lease β€” before these laws ever need to be invoked.

Learn About Tenant Screening in North Carolina β†’
πŸ“„ Legal Forms for North Carolina Landlords

State-specific forms drafted by attorneys. We may earn a commission at no extra cost to you.

Underground Landlord Underground Landlord β€” North Carolina Landlord-Tenant Law Resource
Underground Landlord Landlord-Tenant Law By County β€” North Carolina
Counties in North Carolina
ALAKAZARCACOCTDEDCFLGAHIIDILINIAKSKYLAMEMDMAMIMNMSMOMTNENVNHNJNMNYNCNDOHOKORPARISCSDTNTXUTVTVAWAWVWIWY
Scroll to Top