N.C. Gen. Stat. § § 42-32
Damages assessed to trial.
Operative Text
On appeal to the district court, the jury trying issues joined shall assess the damages of the plaintiff for the detention of his possession to the time of the trial in that court; and, if the jury finds that the detention was wrongful and that the appeal was without merit and taken for the purpose of delay, the plaintiff, in addition to any other damages allowed, shall be entitled to the amount of rent in arrears, or which may have accrued, to the time of trial in the district court. Judgment for the rent in arrears and for the damages assessed may, on motion, be rendered against the sureties to the appeal. (1868-9, c. 156, s. 28; Code, s. 1775; Rev., s. 2006; C.S., s. 2371; 1945, c. 796; 1971, c. 533, s. 7; 1979, c. 820, s. 7.)
Under N.C. Gen. Stat. § 42-32, when a landlord-tenant possession dispute is appealed to district court, the jury is responsible for calculating the damages owed to the plaintiff for the period during which possession was withheld, running through the date of trial. If the jury determines that the detention of possession was wrongful and that the appeal was filed without merit solely to cause delay, the plaintiff may also recover any rent that was unpaid or that accumulated through the time of trial. Additionally, any judgment for back rent and assessed damages can be entered not only against the appealing party but also against the sureties who backed the appeal bond.
Plain English — not legal advice.
Property owners and managers involved in possession disputes under N.C. Gen. Stat. § 42-32 should be aware that a district court jury will evaluate the full period of any wrongful detention when calculating damages. Compliant operators generally ensure that any appeal they pursue is grounded in legitimate legal arguments rather than delay tactics, since a jury finding that an appeal lacked merit and was taken for delay can result in additional liability for accrued rent. Operators also typically account for the potential exposure of appeal bond sureties when structuring their litigation approach.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.C. Gen. Stat. § 42-32 provides tenants and other plaintiffs in possession cases with a mechanism to recover damages that accumulate through the entire period of wrongful detention, up to and including the district court trial date. If a jury finds that the opposing party's appeal was meritless and filed purely to delay, the plaintiff may be entitled to recover all rent that fell due during that period as well. Tenants who believe an appeal has been used as a delay tactic may wish to consult a tenant-rights organization or housing attorney to understand how this provision could apply to their circumstances.
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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