N.C. Gen. Stat. § § 42-67
Impermissible defense.
Operative Text
It shall not be a defense to an action brought pursuant to this Article that the criminal activity was an isolated incident or otherwise has not recurred. Nor is it a defense that the person who actually engaged in the criminal activity no longer resides in the tenant's individual rental unit. However, evidence of such facts may be admissible if offered to support affirmative defenses or grounds for an exemption pursuant to G.S. 42-64. (1995, c. 419, s. 1.)
Under N.C. Gen. Stat. § 42-67, when a landlord brings an action under North Carolina's drug and criminal activity nuisance statutes, a tenant cannot defeat that action simply by arguing that the criminal activity happened only once or has not happened again, nor by arguing that the person who committed the act no longer lives in the rental unit. Those facts are not automatically irrelevant, however — they may still be introduced as evidence if they support a recognized affirmative defense or an exemption under G.S. 42-64.
Plain English — not legal advice.
Under N.C. Gen. Stat. § 42-67, landlords pursuing an action under North Carolina's nuisance-abatement article are not required to show that criminal activity was ongoing or repeated in order to prevail. Compliant operators generally document all incidents thoroughly, understanding that a single occurrence can be sufficient grounds for action and that the departure of the offending occupant does not automatically resolve the matter. Familiarity with the affirmative defenses and exemptions outlined in G.S. 42-64 helps operators anticipate arguments that tenants may raise in response.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.C. Gen. Stat. § 42-67 limits certain defenses available to tenants facing actions brought under North Carolina's criminal-activity nuisance article — specifically, arguing that an incident was isolated or that the person involved has moved out will not, on its own, defeat such an action. However, those same facts may still be presented to support an affirmative defense or to seek an exemption under G.S. 42-64, which outlines specific grounds for relief. Tenants in this situation may benefit from consulting a tenant-rights organization or legal aid provider to understand which defenses or exemptions might apply to their circumstances.
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
Rules and statutes cited by this regulation
References In
No inbound references recorded yet for this provision.