North Carolina Statutes

Chapter 42 Landlord and Tenant

Article 1 - General Provisions.

Article 2 - Agricultural Tenancies.

Article 2A - Ejectment of Residential Tenants.

  • § 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,...
  • § 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...
  • § 42-25.8   Contrary lease provisions
    Any lease or contract provision contrary to this Article shall be void as against public policy. (1981, c. 566, s. 1.)
  • § 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,...

Article 3 - Summary Ejectment.

Article 4 - Forms.

Article 4A - Retaliatory Eviction.

  • § 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...
  • § 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...
  • § 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...

Article 5 - Residential Rental Agreements.

  • § 42-38   Application
    This Article determines the rights, obligations, and remedies under a rental agreement for a dwelling unit within this State. (1977, c. 770, s. 1.)
  • § 42-39   Exclusions
    (a) The provisions of this Article shall not apply to transient occupancy in a hotel, motel, or similar lodging subject to regulation by the Commission...
  • § 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...
  • § 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...
  • § 42-42   Landlord to provide fit premises
    (a) The landlord shall: (1) Comply with the current applicable building and housing codes, whether enacted before or after October 1, 1977, to the extent...
  • § 42-42.1   Water Conservation
    (a) For the purpose of encouraging water conservation, pursuant to a written rental agreement, a landlord may charge for the cost of providing water or...
  • § 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...
  • § 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...
  • § 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...
  • § 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)...
  • § 42-45   Early termination of rental agreement by military personnel
    (a) Any member of the United States Armed Forces who (i) is required to move pursuant to permanent change of station orders to depart 50...
  • § 42-45.1   Early termination of rental agreement by victims of domestic violence, sexual assault, or stalking
    (a) Any protected tenant may terminate his or her rental agreement for a dwelling unit by providing the landlord with a written notice of termination...
  • § 42-45.2   Early termination of rental agreement by military and 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 under Article 2A...
  • § 42-46   Late fees
    (a) In all residential rental agreements in which a definite time for the payment of the rent is fixed, the parties may agree to a...
  • § 42-47 through 42-49   Reserved for future codification purposes

Article 6 - Tenant Security Deposit Act.

  • § 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 insured bank or savings institution...
  • § 42-51   Permitted uses of the deposit
    Security deposits for residential dwelling units shall be permitted only for the tenant's possible nonpayment of rent and costs for water or sewer services provided...
  • § 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,...
  • § 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. (1977, c....
  • § 42-54   Transfer of dwelling units
    Upon termination of the landlord's interest in the dwelling unit in question, whether by sale, assignment, death, appointment of receiver or otherwise, the landlord or...
  • § 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...
  • § 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...
  • § 42-57   Reserved for future codification purposes
  • § 42-58   Reserved for future codification purposes

Article 7 - Expedited Eviction of Drug Traffickers and Other Criminals.

  • § 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...
  • § 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...
  • § 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...
  • § 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....
  • § 42-62   Parties
    (a) Who May Bring Action. A civil action pursuant to this Article may be brought by the landlord of a leased residential premises, or the...
  • § 42-63   Remedies and judicial orders
    (a) Grounds for Complete Eviction. Subject to the provisions of G.S. 42‑64 and pursuant to G.S 42‑68, the court shall order the immediate eviction of...
  • § 42-64   Affirmative defense or exemption to a complete eviction
    (a) Affirmative Defense. The court shall refrain from ordering the complete eviction of a tenant pursuant to G.S. 42‑63(a) where the tenant has established that...
  • § 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...
  • § 42-66   Motion to enforce eviction and removal orders
    (a) A motion to enforce an eviction or removal order issued pursuant to G.S. 42‑63(b) or (c) shall be heard on an expedited basis and...
  • § 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...
  • § 42-68   Expedited proceedings
    Where the complaint is filed as a small claim, the expedited process for summary ejectment, as provided in Article 3 of this Chapter and Chapter...
  • § 42-69   Relation to criminal proceedings
    (a) Criminal Proceedings, Conviction, or Adjudication Not Required. The fact that a criminal prosecution involving the criminal activity is not commenced or, if commenced, has...
  • § 42-70   Discovery
    (a) The parties to an action brought pursuant to this Article shall be entitled to conduct discovery, if the action is filed originally in or...
  • § 42-71   Protection of threatened witnesses or affiants
    If proof necessary to establish the grounds for eviction depends, in whole or in part, upon the affidavits or testimony of witnesses who are not...
  • § 42-72   Availability of law enforcement resources to plaintiffs or potential plaintiffs
    A law enforcement agency may make available to any person or entity authorized to bring an action pursuant to this Article any police report or...
  • § 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...
  • § 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...
  • § 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...
  • § 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...