N.C. Gen. Stat. § § 42-14.5
Foreseeability not created by criminal record; no duty to screen.
Operative Text
Notwithstanding any other duty or obligation which may be defined by this Chapter or otherwise provided by law or any theory of liability, the criminal record of any prospective or current residential lessee, occupant, or guest shall not make any future injury or damage arising from that residential lessee, occupant, or guest foreseeable by the residential lessor or residential lessor's agent, nor shall a residential lessor or a residential lessor's agent have a duty to screen for, or to refuse to rent because of, the criminal record of a prospective or current residential lessee, occupant, or guest. This statute does not prohibit a residential lessor or residential lessor's agent from using a criminal background check as grounds for refusing to rent to any prospective residential lessee or current lessee. (2021-71, s. 2.1.)
Under N.C. Gen. Stat. § 42-14.5, a person's criminal record does not, as a matter of law, make future harm caused by that person legally foreseeable to a residential landlord or the landlord's agent. This means landlords cannot be held liable on a foreseeability theory simply because they knew about a tenant's, occupant's, or guest's criminal history. The statute also clarifies that landlords are not legally required to screen applicants for criminal records or to reject applicants based on such records, though they retain the option to do so.
Plain English — not legal advice.
N.C. Gen. Stat. § 42-14.5 removes the legal obligation for residential landlords and their agents to conduct criminal background screening or to deny housing based on criminal history. Compliant operators understand that, under this provision, a known criminal record alone does not create a foreseeable-harm duty that could expose them to tort liability. Landlords who choose to use criminal background checks as part of their screening process are still permitted to do so under this statute, provided their practices remain consistent with other applicable federal and state fair-housing requirements.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.C. Gen. Stat. § 42-14.5 establishes that landlords in North Carolina have no legal duty to screen tenants for criminal records and are not required to refuse housing to someone because of a criminal history. For prospective or current tenants with a criminal record, this provision means that a landlord's decision to rent to them cannot be challenged on the grounds that the landlord was legally obligated to screen them out. Tenants who believe a landlord's use of criminal background information has crossed into discriminatory territory under separate fair-housing laws may wish to consult a tenant-rights organization or legal aid provider to understand available options.
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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