N.C. Gen. Stat. § § 42-40
Definitions.
Operative Text
For the purpose of this Article, the following definitions shall apply: (1) "Action" includes recoupment, counterclaim, defense, setoff, and any other proceeding including an action for possession. (2) "Premises" means a dwelling unit, including mobile homes or mobile home spaces, and the structure of which it is a part and facilities and appurtenances therein and grounds, areas, and facilities normally held out for the use of residential tenants. (3) "Landlord" means any owner and any rental management company, rental agency, or any other person having the actual or apparent authority of an agent to perform the duties imposed by this Article. (4) "Protected tenant" means a tenant or household member who is a victim of domestic violence under Chapter 50B of the General Statutes or sexual assault or stalking under Chapter 14 of the General Statutes. (1977, c. 770, s. 1; 1979, c. 880, ss. 1, 2; 1999-420, s. 2; 2005-423, s. 5.)
N.C. Gen. Stat. § 42-40 establishes the foundational definitions that govern the rest of the Article on tenant rights and landlord duties in North Carolina. Key terms such as "landlord," "premises," "action," and "protected tenant" are given specific legal meanings that apply throughout the Article. Notably, a "protected tenant" includes any tenant or household member who is a victim of domestic violence, sexual assault, or stalking as defined under the relevant chapters of North Carolina law.
Plain English — not legal advice.
Under N.C. Gen. Stat. § 42-40, the definition of "landlord" extends beyond the property owner to include rental management companies, rental agencies, and anyone acting with actual or apparent authority on behalf of an owner. Compliant operators understand that this broad definition means the duties imposed by the Article apply to agents and managers, not just titleholders. Operators generally ensure that anyone acting on their behalf is aware of and adheres to the obligations set out in the Article.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.C. Gen. Stat. § 42-40 defines who qualifies as a "protected tenant" under North Carolina law, which includes tenants or household members who are victims of domestic violence under Chapter 50B, or sexual assault or stalking under Chapter 14. This classification carries significance throughout the Article, as it may affect rights and protections available in housing matters. Tenants who believe they may qualify as a "protected tenant" under this definition can explore their options by contacting a local tenant-rights organization or legal aid office familiar with North Carolina housing 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
References Out
No outbound references recorded yet for this provision.
References In
No inbound references recorded yet for this provision.