N.C. Gen. Stat. § § 42-37.3
Waiver.
Operative Text
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 public policy. (1979, c. 807.)
Under N.C. Gen. Stat. § 42-37.3, any agreement in which a tenant or household member gives up the rights and remedies established by Article 42 of North Carolina's landlord-tenant law is legally unenforceable. The provision reflects a public-policy determination that these protections cannot be bargained away, regardless of what a lease or other document may say. This means the rights created by the Article remain in effect even if a tenant has signed something purporting to surrender them.
Plain English — not legal advice.
N.C. Gen. Stat. § 42-37.3 means that lease clauses, addenda, or other agreements that attempt to have tenants relinquish the rights and remedies provided under Article 42 carry no legal weight. Compliant operators generally review their lease documents to ensure no language purports to waive these statutory protections, since such provisions would be void regardless of whether a tenant signed them. Understanding this limitation helps property managers avoid drafting lease terms that courts will simply disregard.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.C. Gen. Stat. § 42-37.3 protects tenants by making any purported waiver of Article 42 rights void as a matter of public policy, meaning a landlord cannot point to a signed lease clause to argue that a tenant gave up these protections. If a landlord attempts to enforce such a waiver, tenants may raise the provision as a defense in any relevant legal proceeding. Tenant-rights organizations and legal aid offices can help tenants understand which specific rights fall under Article 42 and how this anti-waiver rule may apply in a given context.
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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