N.C. Gen. Stat. § § 42-36.3
Death of residential tenant; landlord may file affidavit to remove personal property from the dwelling unit.
Operative Text
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. (2012-17, s. 9.)
Under N.C. Gen. Stat. § 42-36.3, when a residential tenant who lived alone passes away and leaves personal belongings behind in the dwelling unit, the landlord is not required to go through a formal eviction proceeding to address those belongings. Instead, the law provides an alternative path: the landlord may file an affidavit under the small-estates statute (G.S. 28A-25-7) to handle the removal of the deceased tenant's tangible personal property. This provision applies only when the deceased was the sole occupant of the unit.
Plain English — not legal advice.
N.C. Gen. Stat. § 42-36.3 gives property owners and managers a streamlined option when a sole-occupant tenant dies and leaves personal property in the unit. Rather than initiating a summary ejectment action, a compliant operator typically reviews the affidavit process outlined in G.S. 28A-25-7 and follows its requirements before removing or disposing of any belongings. Operators generally document the condition of the unit and the property present, and consult with a qualified attorney or the county clerk's office to ensure the affidavit is properly prepared and filed.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.C. Gen. Stat. § 42-36.3 is relevant to the family members, heirs, or representatives of a deceased tenant who was the sole occupant of a rental unit. The provision means a landlord may use an affidavit process under G.S. 28A-25-7 rather than a court eviction proceeding to address personal property left in the unit, which can affect how and when belongings are accessed or retrieved. Those with a potential interest in the deceased tenant's property may wish to contact the county clerk's office, a tenant-rights organization, or a probate attorney to understand their rights under this process.
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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