N.C. Gen. Stat. § § 42-14.4
Notice to State Bar of attorney default on lease.
Operative Text
(a) If a landlord has actual knowledge that a tenant is an attorney, the landlord shall deliver notice to the North Carolina State Bar (hereinafter "State Bar") at least 15 days prior to the destruction or discard of any "potentially confidential materials" remaining in the premises after the landlord obtains possession of the premises, whether by summary ejectment under Article 3 of this Chapter or by any other means, including the tenant vacating the premises. For purposes of this section, the term "potentially confidential materials" means client files, trust or operating account records, or other materials relating to client matters. For purposes of this section, the term "landlord" means any owner and any rental management company, rental agency, or any other person having the actual or apparent authority of an agent to perform the duties imposed by this Article. The landlord's notice to the State Bar shall contain the name of the attorney who is presumed to be the tenant, the location of the potentially confidential materials, and a phone number, address, or other means to contact the landlord. During the 15-day period after notice, a landlord may move for storage purposes, but shall not throw away, dispose of, or sell, potentially confidential materials remaining in the premises. (b) The State Bar or its designee may take possession of the materials, at its sole expense, within the 15-day period provided for in subsection (a) of this section without the necessity of a court order. Upon the request of the State Bar, the landlord shall cooperate with and allow the State Bar to take possession of the potentially confidential materials, and the landlord shall not be liable in any way to the tenant for his or her cooperation. However, if the tenant elects to take possession of the potentially confidential materials prior to the State Bar obtaining possession of them, and there is no court order to the contrary having been previously delivered to the landlord, the landlord may deliver possession of the potentially confidential materials to the tenant and shall promptly notify the State Bar of his or her actions. If neither the State Bar nor its designee takes possession of the potentially confidential materials within the 15-day period provided for in subsection (a) of this section, the landlord may destroy or discard the materials in accordance with the lease agreement with the defaulting tenant. (c) A landlord that attempts in good faith to comply with the requirements of this section shall not be liable for losses to any person arising directly or indirectly out of the disposal of any potentially confidential materials. Failure to comply with this section shall not constitute an unfair trade practice under G.S. 75-1.1. (2012-76, s. 1.)
N.C. Gen. Stat. § 42-14.4 establishes a specific protocol that applies when a landlord knows a departing or evicted tenant is an attorney. Before destroying or discarding any client files, trust account records, or other client-related materials left behind on the premises, the landlord must give the North Carolina State Bar at least 15 days' advance written notice identifying the attorney-tenant, the location of the materials, and contact information. During that 15-day window, the State Bar may retrieve the materials at its own expense without a court order, and the landlord may move but not dispose of or sell those materials. If the State Bar does not act within the window, the landlord may then handle the materials according to the terms of the lease.
Plain English — not legal advice.
Under N.C. Gen. Stat. § 42-14.4, operators who know a vacating or evicted tenant holds a law license generally maintain a written record of that knowledge and have a notice procedure ready before clearing the unit. A compliant landlord sends the required notice to the North Carolina State Bar at least 15 days before discarding any client files or trust account records, includes the attorney's name, the materials' location, and a way to reach the landlord, and keeps those materials intact (though movable for storage) throughout the notice period. Landlords who make a good-faith effort to follow this section are shielded from liability for losses arising out of the disposal of such materials, and noncompliance is explicitly not treated as an unfair trade practice under G.S. 75-1.1.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.C. Gen. Stat. § 42-14.4 is primarily designed to protect the clients of attorney-tenants whose professional files might otherwise be destroyed after an eviction or move-out, rather than to create personal financial rights for the attorney-tenant. An attorney-tenant should be aware that the statute allows the landlord to cooperate fully with the North Carolina State Bar's retrieval of materials without incurring liability to the tenant, and that the tenant may reclaim the materials before the State Bar does so long as no court order prohibits it. Attorney-tenants with concerns about how their client materials are being handled may wish to contact the North Carolina State Bar directly or consult a tenant-rights organization familiar with this provision.
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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