N.C. Gen. Stat. § § 42-13
Wrongful surrender to other than landlord misdemeanor.
Operative Text
Any tenant or lessee of lands who shall willfully, wrongfully and with intent to defraud the landlord or lessor, give up the possession of the rented or leased premises to any person other than his landlord or lessor, shall be guilty of a Class 1 misdemeanor. (1883, c. 138; Code, s. 1760; Rev., s. 3682; C.S., s. 2353; 1993, c. 539, s. 403; 1994, Ex. Sess., c. 24, s. 14(c).)
Under N.C. Gen. Stat. § 42-13, a tenant who intentionally and fraudulently transfers possession of rented or leased property to someone other than the rightful landlord or lessor commits a criminal offense. The law treats this act as a Class 1 misdemeanor under North Carolina law, meaning it carries potential criminal consequences rather than merely civil ones. The provision is designed to protect landlords from being deprived of their property rights through deceptive handoffs of possession.
Plain English — not legal advice.
N.C. Gen. Stat. § 42-13 provides landlords and lessors with a criminal-law backstop against tenants who fraudulently surrender possession of the rented premises to an unauthorized third party. Operators who discover that a tenant has handed over possession to someone other than themselves may have grounds to report the conduct to local law enforcement, since the statute classifies such willful, fraudulent surrender as a Class 1 misdemeanor. Keeping clear records of authorized occupants and lease terms can help document whether any transfer of possession was unauthorized.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.C. Gen. Stat. § 42-13 makes it a Class 1 misdemeanor for a tenant to willfully and fraudulently give up possession of leased premises to anyone other than the landlord or lessor. Tenants should be aware that transferring or surrendering possession of a rental unit to a third party without the landlord's involvement could expose them to criminal liability if done with fraudulent intent. Anyone who believes they are being pressured into surrendering possession under questionable circumstances may wish to consult a tenant-rights organization or legal aid provider familiar with North Carolina housing 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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