N.C. Gen. Stat. § § 42-5

Rent apportioned, where lease terminated by death.

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

Operative Text

N.C. Gen. Stat. § § 42-5
If a lease of land, in which rent is reserved, payable at the end of the year or other certain period of time, is determined by the death of any person during one of the periods in which the rent was growing due, the lessor or his personal representative may recover a part of the rent which becomes due after the death, proportionate to the part of the period elapsed before the death, subject to all just allowances; and if any security was given for such rent it shall be apportioned in like manner. (1868-9, c. 156, s. 6; Code, s. 1747; Rev., s. 1987; C.S., s. 2345.)
Source: Legislative text reproduced verbatim
Plain English

Under N.C. Gen. Stat. § 42-5, when a lease is ended by the death of a person during a rent period, the full rent for that period does not simply vanish. Instead, the landlord or the deceased's personal representative may recover a proportionate share of the rent that corresponds to the portion of the period that had already passed before the death occurred. Any security given for that rent is similarly divided on a pro-rata basis, subject to fair adjustments.

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

Plain English — not legal advice.

For Property Managers

N.C. Gen. Stat. § 42-5 means that operators whose leases are terminated mid-period by a death are generally not left without recourse for the time the tenancy was actually in effect. A compliant approach involves calculating the share of rent that corresponds to the days elapsed before the death and pursuing that amount through the estate or personal representative. Landlords also ensure that any security arrangements tied to the rent are handled with the same proportional calculation.

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. § 42-5 establishes that a tenant's estate is not automatically liable for a full period's rent when a lease ends due to death — only a proportionate share tied to the time elapsed before death is owed. Tenants' families or personal representatives can raise this apportionment rule when negotiating with a landlord over final rent obligations. Those dealing with an estate dispute over rent amounts may find it useful to consult a tenant-rights organization or an attorney familiar with North Carolina landlord-tenant law for general guidance on how this provision applies.

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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