N.C. Gen. Stat. § § 42-1

Lessor and lessee not partners.

In Force
Verified 10/26/2026 · Next check 11/25/2026
effective 10/8/2026North CarolinaLease Requirements

Operative Text

N.C. Gen. Stat. § § 42-1
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. (1868-9, c. 156, s. 3; Code, s. 1744; Rev., s. 1982; C.S., s. 2341.)
Source: Legislative text reproduced verbatim
Plain English

Under N.C. Gen. Stat. § 42-1 et seq., a landlord who accepts rent calculated as a share of a business's profits or other variable compensation does not automatically become a legal partner of the tenant operating that business. The provision clarifies that the form of rent payment alone—even if tied to uncertain or fluctuating income—does not create a partnership relationship between the parties. This rule separates the landlord-tenant relationship from business partnership law, regardless of how rent is structured.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 8, 2026

Plain English — not legal advice.

For Property Managers

Under N.C. Gen. Stat. § 42-1 et seq., property owners who structure leases with profit-sharing or variable rent arrangements can do so without inadvertently assuming the legal status of a business partner. Compliant operators typically document the rental relationship clearly in a written lease that specifies the compensation formula and affirms the landlord-tenant nature of the agreement. Keeping records that distinguish rental income from business investment income helps maintain that distinction.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

N.C. Gen. Stat. § 42-1 et seq. establishes that a landlord receiving a share of business profits as rent does not gain partnership rights or responsibilities in the tenant's business. This means tenants operating a business on leased property retain their status as the sole operator of that business, even when rent is tied to revenues or profits. Tenants who believe a landlord is asserting partnership claims based solely on a profit-sharing rent arrangement may wish to consult a tenant-rights organization or attorney familiar with North Carolina landlord-tenant law.

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 8, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Oct 8, 2026
Click on timeline segments to view historical versions.

References Out

No outbound references recorded yet for this provision.

References In

No inbound references recorded yet for this provision.

Related Rules

§ 244.280
Tenant to be given copy of lease
§ 151.35
SEVERABILITY
§ 165.12
SEVERABILITY

Source Information

Snapshot SHA:
Fetched:Oct 8, 2026, 01:23 AM UTC