N.C. Gen. Stat. § § 42-33
Rent and costs tendered by tenant.
Operative Text
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. (4 Geo. II, c. 28, s. 4; 1868-9, c. 156, s. 26; Code, s. 1773; Rev., s. 2007; C.S., s. 2372.)
Under N.C. Gen. Stat. § 42-33, when a landlord files an eviction action based on a tenant's failure to pay rent, the tenant has an opportunity to stop the case by paying or tendering the full amount of rent owed plus the court costs before a judgment is entered. If the landlord continues to pursue the action after the tenant has deposited the full amount due into court, the tenant may then recover any court costs that accrue after that point, while the landlord is still entitled to receive the money paid in. This provision effectively creates a 'pay and stay' mechanism that halts eviction proceedings once the financial obligation is satisfied.
Plain English — not legal advice.
Property owners and managers pursuing a nonpayment-of-rent eviction in North Carolina should be aware that under N.C. Gen. Stat. § 42-33, a tenant who pays or tenders all rent owed plus accrued court costs before judgment is entered can bring the action to a complete stop. Compliant operators typically track all costs carefully and document any tender or refusal, since those records become relevant if the case continues. Landlords who press forward after a proper tender or court deposit risk being held responsible for the defendant's subsequent court costs.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.C. Gen. Stat. § 42-33 gives tenants facing a rent-based eviction action the ability to halt proceedings by paying or tendering the full rent due along with court costs before a judgment is issued. If a landlord continues the action after a tenant has deposited the required amount into court, the tenant may be entitled to recover costs that accumulate after that deposit or after a documented tender and refusal. Tenants who want to understand how this provision applies to their circumstances can reach out to a local tenant-rights organization or legal aid office for general guidance.
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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