N.C. Gen. Stat. § § 42-38

Application.

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

Operative Text

N.C. Gen. Stat. § § 42-38
This Article determines the rights, obligations, and remedies under a rental agreement for a dwelling unit within this State. (1977, c. 770, s. 1.)
Source: Legislative text reproduced verbatim
Plain English

N.C. Gen. Stat. § 42-38 establishes that the Article containing it—N.C. Gen. Stat. § 42-1 et seq.—serves as the governing framework for rental agreements covering dwelling units in North Carolina. It sets the scope of the law, meaning that the rights each party holds, the obligations each party owes, and the remedies available when something goes wrong are all determined by this Article. The provision effectively draws a boundary around which legal relationships and disputes fall under North Carolina's residential landlord-tenant statute.

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

Plain English — not legal advice.

For Property Managers

Property owners and managers operating in North Carolina should recognize that N.C. Gen. Stat. § 42-38, as part of N.C. Gen. Stat. § 42-1 et seq., defines the legal framework that governs every dwelling-unit rental agreement in the state. Compliant operators generally structure their leases and management practices with an awareness that this Article—not just contract law generally—determines what obligations they carry and what remedies are available to either side. Familiarity with the full scope of N.C. Gen. Stat. § 42-1 et seq. is a common starting point for understanding what the law requires of residential landlords in North Carolina.

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. § 42-38 confirms that the protections, obligations, and remedies found throughout N.C. Gen. Stat. § 42-1 et seq. apply to residential rental agreements across North Carolina. Tenants renting a dwelling unit in the state can look to this Article as the foundational source of their legal rights in the landlord-tenant relationship. Those seeking to understand or act on those rights often consult local tenant-rights organizations or legal aid services familiar with N.C. Gen. Stat. § 42-1 et seq.

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
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Related Rules

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

Source Information

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