North Carolina General Statutes Chapter 42 — Landlord and Tenant

G.S. Ch. 42 Arts.1/2A/3/4/4A/5/6/7 (85 operative sections, excluding Art.2 Agricultural Tenancies and §§42-57–42-58 "Reserved for future codification purposes"): primary NC landlord-tenant statute. Covers residential leases, ejectment, summary ejectment, retaliatory eviction, residential rental agreements, prohibited lease provisions, and tenant security deposits.

Provisions (85)

§ § 42-1

Lessor and lessee not partners.

§ § 42-10

Tenant not liable for accidental damage.

§ § 42-11

Willful destruction by tenant misdemeanor.

§ § 42-12

Lessee may surrender, where building destroyed or damaged.

§ § 42-13

Wrongful surrender to other than landlord misdemeanor.

§ § 42-14

Notice to quit in certain tenancies.

§ § 42-14.1

Preemption of local regulations.

§ § 42-14.2

Death, illness, or conviction of certain crimes not a material fact.

§ § 42-14.3

Notice of conversion of manufactured home communities.

§ § 42-14.4

Notice to State Bar of attorney default on lease.

§ § 42-14.5

Foreseeability not created by criminal record; no duty to screen.

§ § 42-14.6

Transient occupancies excluded.

§ § 42-2

Attornment unnecessary on conveyance of reversions, etc.

§ § 42-25.6

Manner of ejectment of residential tenants.

§ § 42-25.7

Distress and distraint not permitted.

§ § 42-25.8

Contrary lease provisions.

§ § 42-25.9

Remedies.

§ § 42-26

Tenant holding over may be dispossessed in certain cases.

§ § 42-26.1

Expired.

§ § 42-27

Local: Refusal to perform contract ground for dispossession.

§ § 42-28

Summons issued by clerk.

§ § 42-29

Service of summons.

§ § 42-3

Term forfeited for nonpayment of rent.

§ § 42-30

Judgment by confession, where plaintiff has proved case, or failure to appear.

§ § 42-31

Trial by magistrate.

§ § 42-32

Damages assessed to trial.

§ § 42-33

Rent and costs tendered by tenant.

§ § 42-34

Undertaking on appeal and order staying execution.

§ § 42-34.1

Rent pending execution of judgment; post bond pending appeal.

§ § 42-35

Restitution of tenant, if case quashed, etc., on appeal.

§ § 42-36

Damages to tenant for dispossession, if proceedings quashed, etc.

§ § 42-36.1

Lease or rental of manufactured homes.

§ § 42-36.1A

Judgments for possession more than 30 days old.

§ § 42-36.2

Notice to tenant of execution of writ for possession of property; storage of evicted tenant's personal property.

§ § 42-36.3

Death of residential tenant; landlord may file affidavit to remove personal property from the dwelling unit.

§ § 42-37

Repealed by Session Laws 1971, c. 533, s. 11.

§ § 42-37.1

Defense of retaliatory eviction.

§ § 42-37.2

Remedies.

§ § 42-37.3

Waiver.

§ § 42-38

Application.

§ § 42-39

Exclusions.

§ § 42-4

Recovery for use and occupation.

§ § 42-40

Definitions.

§ § 42-41

Mutuality of obligations.

§ § 42-42

Landlord to provide fit premises.

§ § 42-42.1

Water, electricity, and natural gas conservation.

§ § 42-42.2

Victim protection - nondiscrimination.

§ § 42-42.3

Victim protection - change locks.

§ § 42-43

Tenant to maintain dwelling unit.

§ § 42-44

General remedies, penalties, and limitations.

§ § 42-45

Early termination of rental agreement by military personnel, surviving family members, or lawful representative.

§ § 42-45.1

Early termination of rental agreement by victims of domestic violence, sexual assault, or stalking.

§ § 42-45.2

Early termination of rental agreement by tenants residing in certain foreclosed property.

§ § 42-46

Authorized fees, costs, and expenses.

§ § 42-5

Rent apportioned, where lease terminated by death.

§ § 42-50

Deposits from the tenant.

§ § 42-51

Permitted uses of the deposit.

§ § 42-52

Landlord's obligations.

§ § 42-53

Pet deposits.

§ § 42-54

Transfer of dwelling units.

§ § 42-55

Remedies.

§ § 42-56

Application of Article.

§ § 42-59

Definitions.

§ § 42-59.1

Statement of Public Policy.

§ § 42-6

Rents, annuities, etc., apportioned, where right to payment terminated by death.

§ § 42-60

Nature of actions and jurisdiction.

§ § 42-61

Standard of proof.

§ § 42-62

Parties.

§ § 42-63

Remedies and judicial orders.

§ § 42-64

Affirmative defense or exemption to a complete eviction.

§ § 42-65

Obstructing the execution or enforcement of a removal or eviction order.

§ § 42-66

Motion to enforce eviction and removal orders.

§ § 42-67

Impermissible defense.

§ § 42-68

Expedited proceedings.

§ § 42-69

Relation to criminal proceedings.

§ § 42-7

In lieu of emblements, farm lessee holds out year, with rents apportioned.

§ § 42-70

Discovery.

§ § 42-71

Protection of threatened witnesses or affiants.

§ § 42-72

Availability of law enforcement resources to plaintiffs or potential plaintiffs.

§ § 42-73

Collection of rent.

§ § 42-74

Preliminary or emergency relief.

§ § 42-75

Cumulative remedies.

§ § 42-76

Civil immunity.

§ § 42-8

Grantees of reversion and assigns of lease have reciprocal rights under covenants.

§ § 42-9

Agreement to rebuild, how construed in case of fire.