N.C. Gen. Stat. § § 42-26
Tenant holding over may be dispossessed in certain cases.
Operative Text
(a) Any tenant or lessee of any house or land, and the assigns under the tenant or legal representatives of such tenant or lessee, who holds over and continues in the possession of the demised premises, or any part thereof, without the permission of the landlord, and after demand made for its surrender, may be removed from such premises in the manner hereinafter prescribed in any of the following cases: (1) When a tenant in possession of real estate holds over after his term has expired. (2) When the tenant or lessee, or other person under him, has done or omitted any act by which, according to the stipulations of the lease, his estate has ceased. (3) When any tenant or lessee of lands or tenements, who is in arrear for rent or has agreed to cultivate the demised premises and to pay a part of the crop to be made thereon as rent, or who has given to the lessor a lien on such crop as a security for the rent, deserts the demised premises, and leaves them unoccupied and uncultivated. (b) An arrearage in costs owed by a tenant for water or sewer services pursuant to G.S. 62-110(g) or electric service pursuant to G.S. 62-110(h) shall not be used as a basis for termination of a lease under this Chapter. Any payment to the landlord shall be applied first to the rent owed and then to charges for electric service, or water or sewer service, unless otherwise designated by the tenant. (c) In an action for ejectment based upon G.S. 42-26(a)(2), the lease may provide that the landlord's acceptance of partial rent or partial housing subsidy payment does not waive the tenant's breach for which the right of reentry was reserved, and the landlord's exercise of such a provision does not constitute a violation of Chapter 75 of the General Statutes. (4 Geo. II, c. 28; 1868-9, c. 156, s. 19; Code, ss. 1766, 1777; 1905, cc. 297, 299, 820; Rev., s. 2001; C.S., s. 2365; 2001-502, s. 3; 2004-143, s. 2; 2011-252, s. 1; 2012-17, s. 3.)
N.C. Gen. Stat. § 42-26 establishes the specific circumstances under which a landlord in North Carolina may seek to remove a tenant through a legal dispossession proceeding. These circumstances include a tenant remaining after a lease term has expired, a tenant whose estate has ended due to a lease violation, and a tenant who abandons rented land while owing rent. Importantly, the statute also protects tenants by prohibiting landlords from using unpaid utility service arrearages (water, sewer, or electric) as a basis for lease termination, and it specifies that payments made to a landlord must first be applied to rent before utility charges unless the tenant directs otherwise.
Plain English — not legal advice.
Under N.C. Gen. Stat. § 42-26, compliant property owners generally ensure that any dispossession action is grounded in one of the statute's enumerated bases — such as holdover after lease expiration, a lease-defined breach, or abandonment with rent arrears. Operators are mindful that utility service arrearages for water, sewer, or electric service cannot serve as a standalone basis for lease termination under this chapter. When a lease includes a provision under subsection (c) allowing acceptance of partial rent without waiving a breach, landlords who rely on that clause document their actions carefully to remain consistent with the statute's 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. § 42-26 limits the grounds on which a landlord may pursue removal, meaning a tenant facing a dispossession action can examine whether the landlord's stated reason actually falls within one of the statute's permitted categories. Tenants should be aware that under subsection (b), unpaid utility arrearages for water, sewer, or electric service cannot lawfully be used as a basis for terminating a lease, and any payment made to a landlord must be credited to rent first. Tenants who believe a removal action does not meet the statutory requirements may consider raising that issue as a defense in the proceeding or consulting a tenant-rights organization 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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