N.C. Gen. Stat. § § 42-39

Exclusions.

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

Operative Text

N.C. Gen. Stat. § § 42-39
(a) Repealed by Session Laws 2023-5, s. 1.5, effective March 19, 2023, and applicable to a person renting an accommodation in an inn, hotel, motel, recreational vehicle park, campground, or similar lodging facility on or after that date. See editor's note.
(a1) The provisions of this Article shall not apply to vacation rentals entered into under Chapter 42A of the General Statutes.
(b) Nothing in this Article shall apply to any dwelling furnished without charge or rent. (1973, c. 476, s. 128; 1977, c. 770, ss. 1, 2; 1999-420, s. 3; 2007-182, s. 2; 2023-5, s. 1.5.)
Source: Legislative text reproduced verbatim
Plain English

N.C. Gen. Stat. § 42-39 carves out certain living arrangements from the tenant-landlord protections found in Article 5 of Chapter 42. Specifically, vacation rentals governed by Chapter 42A of the North Carolina General Statutes fall outside this Article's coverage, as do dwellings provided to occupants at no cost. A prior exclusion for inns, hotels, motels, recreational vehicle parks, and campgrounds was repealed effective March 19, 2023, meaning those arrangements are now addressed separately under other law.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 14, 2026

Plain English — not legal advice.

For Property Managers

Under N.C. Gen. Stat. § 42-39, operators of vacation rental properties subject to Chapter 42A should be aware that the residential landlord-tenant protections of Article 5 do not govern those agreements. Similarly, property owners who provide housing at no charge are not subject to this Article's requirements. Compliant operators generally keep clear records distinguishing the nature of each occupancy arrangement to ensure the correct legal framework is applied.

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. § 42-39 defines the boundaries of who receives protections under North Carolina's residential landlord-tenant Article. If you occupy a vacation rental covered by Chapter 42A, or if you live in a dwelling provided to you free of charge, the protections of this Article generally do not apply to your arrangement. Tenants uncertain about which legal framework covers their housing situation may find it helpful to consult a local tenant-rights organization or legal aid office for general information about applicable state law.

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.

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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