N.C. Gen. Stat. § § 42-27
Local: Refusal to perform contract ground for dispossession.
Operative Text
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. (4 Geo. II, c. 28; 1868-9, c. 156, s. 19; Code, ss. 1766, 1777; 1905, cc. 297, 299, 820; Rev., s. 2001, subsec. 4; 1907, cc. 43, 153; 1909, cc. 40, 550; C.S., s. 2366; Pub. Loc. Ex. Sess. 1924, c. 66; 1931, cc. 50, 194, 446; 1933, cc. 86, 485; 1935, c. 39; 1943, cc. 69, 115, 459; 1951, c. 279; 1953, c. 271; c. 499, s. 2; 1955, c. 93; 1961, c. 25; 1995 (Reg. Sess., 1996), c. 566, s. 1.)
Under N.C. Gen. Stat. § 42-27, a tenant or cropper who enters into a land-rental contract and then willfully neglects or refuses to carry out the contract's terms—without just cause—can lose the right to remain on the premises. This forfeiture of possession applies specifically in the enumerated counties listed in the statute, covering a large portion of North Carolina. The provision does not apply statewide; counties not named in § 42-27 are outside its reach.
Plain English — not legal advice.
Property owners and managers operating in one of the counties enumerated in N.C. Gen. Stat. § 42-27 should ensure that land-rental contracts clearly document each party's obligations, since a tenant's or cropper's willful, unjustified failure to perform those obligations can form a legal basis for dispossession proceedings. Compliant operators typically maintain written records of the contract terms and any communications about non-performance before pursuing any legal remedy under this section. Because the statute's geographic scope is limited to the listed counties, operators should first confirm that the property falls within a covered county before relying on § 42-27 as grounds for dispossession.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.C. Gen. Stat. § 42-27 provides that a tenant or cropper may forfeit possession rights only when non-performance of a land-rental contract is both willful and without just cause—meaning that tenants who have legitimate reasons for not fulfilling contract terms may have a defense against dispossession under this section. This provision applies only in the specific counties named in § 42-27, so tenants in unlisted counties are not subject to its forfeiture rule. Tenants facing dispossession proceedings under this statute may wish to consult a tenant-rights organization or legal aid office to understand what constitutes 'just cause' and what defenses may be available in their county.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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