N.C. Gen. Stat. § § 42-62
Parties.
Operative Text
(a) Who May Bring Action. - A civil action pursuant to this Article may be brought by the landlord of a leased residential premises, or the landlord's agent, as provided for in G.S. 1-57 of the General Statutes and in Article 3 of this Chapter. (b) Defendants to the Action. - A civil action pursuant to this Article may be brought against any person within the jurisdiction of the court, including a tenant, adult or minor member of the tenant's household, guest, or resident of the leased residential premises. If any defendant's true name is unknown to the plaintiff, process may issue against the defendant under a fictitious name, stating it to be fictitious and adding an appropriate description sufficient to identify him or her. (c) Notice to Defendants. - A complaint initiating an action pursuant to this Article shall be served in the same manner as serving complaints in civil actions pursuant to G.S. 1A-1, Rule 4 and G.S. 42-29. (1995, c. 419, s. 1.)
North Carolina General Statute § 42-62 establishes who can be a party in a civil action brought under this Article of the landlord-tenant law. A landlord or the landlord's authorized agent may initiate such an action, and it may be filed against a broad range of individuals connected to the leased premises, including tenants, household members, guests, or other residents. If the true name of a defendant is unknown, the action may still proceed using a fictitious name with a description sufficient to identify the person, and the complaint must be served according to the standard civil procedure rules referenced in the statute.
Plain English — not legal advice.
Under N.C. Gen. Stat. § 42-62, landlords or their authorized agents are the parties permitted to initiate a civil action under this Article, which means property managers acting on a landlord's behalf generally ensure their agency relationship is properly documented before filing. The statute allows actions to be brought against a wide range of individuals connected to the premises, not just the named tenant, so operators typically identify all relevant occupants when preparing a complaint. Complaints must be served in accordance with the civil procedure rules referenced in § 42-62(c), so compliant operators follow those service requirements carefully to avoid procedural defects.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.C. Gen. Stat. § 42-62 defines who can be named as a defendant in a civil action under this Article, and it extends beyond the primary leaseholder to include adult or minor household members, guests, and other residents of the premises. Tenants and others named in such an action have the right to respond to the complaint and raise any applicable defenses through the court process. Anyone served with a complaint under § 42-62 may benefit from consulting a tenant-rights organization or legal aid provider to understand the procedural rules and available responses under North Carolina 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.
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