N.C. Gen. Stat. § § 42-63
Remedies and judicial orders.
Operative Text
(a) Grounds for Complete Eviction. - Subject to the provisions of G.S. 42-64 and pursuant to G.S 42-68, the court shall order the immediate eviction of a tenant and all other residents of the tenant's individual unit where it finds that: (1) Criminal activity has occurred on or within the individual rental unit leased to the tenant; or (2) The individual rental unit leased to the tenant was used in any way in furtherance of or to promote criminal activity; or (3) The tenant, any member of the tenant's household, or any guest has engaged in criminal activity on or in the immediate vicinity of any portion of the entire premises; or (4) The tenant has given permission to or invited a person to return or reenter any portion of the entire premises, knowing that the person has been removed and barred from the entire premises pursuant to this Article or the reasonable rules and regulations of a publicly assisted landlord; or (5) The tenant has failed to notify law enforcement or the landlord immediately upon learning that a person who has been removed and barred from the tenant's individual rental unit pursuant to this Article has returned to or reentered the tenant's individual rental unit. (b) Grounds for Partial Eviction and Issuance of Removal Orders. - The court shall, subject to the provisions of G.S. 42-64, order the immediate removal from the entire premises of any person other than the tenant, including an adult or minor member of the tenant's household, where the court finds that such person has engaged in criminal activity on or in the immediate vicinity of any portion of the leased residential premises. Persons removed pursuant to this section shall be barred from returning to or reentering any portion of the entire premises. (c) Conditional Eviction Orders Directed Against the Tenant. - Where the court finds that a member of the tenant's household or a guest of the tenant has engaged in criminal activity on or in the immediate vicinity of any portion of the leased residential premises, but such person has not been named as a party defendant, has not appeared in the action or otherwise has not been subjected to the jurisdiction of the court, a conditional eviction order issued pursuant to subsection (b) of this section shall be directed against the tenant, and shall provide that as an express condition of the tenancy, the tenant shall not give permission to or invite the barred person or persons to return to or reenter any portion of the entire premises. The tenant shall acknowledge in writing that the tenant understands the terms of the court's order, and that the tenant further understands that the failure to comply with the court's order will result in the mandatory termination of the tenancy pursuant to G.S. 42-68. (1995, c. 419, s. 1.)
N.C. Gen. Stat. § 42-63 establishes the conditions under which a North Carolina court may order eviction or removal in connection with criminal activity at a rental property. A court can order complete eviction of a tenant and all residents of a unit when criminal activity occurred in or around the unit, when the unit was used to further criminal activity, or when the tenant failed to report or prevent a barred person from returning. Courts may also order the partial removal of a specific household member or guest—without evicting the tenant—when that individual engaged in criminal activity on or near the premises, and may issue conditional orders requiring the tenant to keep barred persons away as an express condition of continued tenancy.
Plain English — not legal advice.
Under N.C. Gen. Stat. § 42-63, publicly assisted and other covered landlords operating in North Carolina generally document criminal activity thoroughly and pursue the appropriate judicial remedy—complete eviction, partial removal, or a conditional order—depending on who engaged in the conduct and where it occurred. Compliant operators typically maintain and enforce reasonable rules and regulations regarding barred persons, and keep records of any written acknowledgments tenants sign confirming they understand the terms of a conditional eviction order. Landlords also generally ensure that tenants are informed of their obligation to notify law enforcement or the landlord immediately if a barred individual returns to the unit, as failure to do so is itself a ground for complete eviction under this section.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.C. Gen. Stat. § 42-63 outlines important rights and obligations for tenants in North Carolina facing eviction proceedings tied to criminal activity. A tenant who receives a conditional eviction order under subsection (c) is not automatically evicted; instead, the court may allow the tenancy to continue on the condition that the tenant does not permit a barred person to return, and the tenant must sign a written acknowledgment of those terms. Tenants who believe an eviction or removal order was issued improperly may wish to consult a tenant-rights organization or legal aid provider familiar with North Carolina housing law to understand available defenses or procedural options under this statute.
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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