N.C. Gen. Stat. § § 42-34.1
Rent pending execution of judgment; post bond pending appeal.
Operative Text
(a) If the judgment in district court is against the defendant appellant, it is sufficient to stay execution of the judgment during the 30-day time period for taking an appeal provided for in Rule 3 of the North Carolina Rules of Appellate Procedure if the defendant appellant posts a bond as provided in G.S. 42-34(b). No additional security under G.S. 1-292 is required. If the defendant appellant fails to make rental payments as provided in the undertaking within five business days of the day rent is due under the terms of the residential rental agreement, the clerk of superior court shall, upon application of the plaintiff appellee, immediately issue a writ of possession, and the sheriff shall dispossess the defendant appellant as provided in G.S. 42-36.2. (a1) If the judgment in district court is against the defendant appellant and the defendant appellant does not appeal the judgment, the defendant appellant shall pay rent to the plaintiff for the time the defendant appellant remains in possession of the premises after the judgment is given. Rent shall be prorated if the judgment is executed before the day rent would become due under the terms of the lease. The clerk of court shall disburse any rent in arrears paid by the defendant appellant in accordance with a stipulation executed by all parties or, if there is no stipulation, in accordance with the judge's order. (b) If the judgment in district court is against the defendant appellant and the defendant appellant appeals the judgment, it is sufficient to stay execution of the judgment if the defendant appellant posts a bond as provided in G.S. 42-34(b). No additional security under G.S. 1-292 is required. If the defendant appellant fails to perfect the appeal or the appellate court upholds the judgment of the district court, the execution of the judgment shall proceed. The clerk of court shall not disburse any rent in arrears paid by the defendant appellant until all appeals have been resolved. (1998-125, s. 2; 2012-17, s. 1; 2021-47, s. 8; 2021-88, s. 5.)
N.C. Gen. Stat. § 42-34.1 governs what happens to rent obligations and eviction proceedings when a tenant loses a district court judgment in a landlord-tenant case. A losing tenant who wants to delay eviction during the appeal window—or while actively appealing—can post a bond as specified in G.S. 42-34(b), which is sufficient to stay execution of the judgment without requiring additional security. If the tenant does not appeal, rent continues to accrue for the time they remain in possession, prorated if the judgment is carried out before the next rent due date; if the tenant does appeal but fails to keep up with rental payments or loses on appeal, the stay ends and eviction can proceed.
Plain English — not legal advice.
Under N.C. Gen. Stat. § 42-34.1, a landlord who has obtained a favorable district court judgment can monitor whether the tenant posts the required bond and continues making rental payments during any appeal period. If the tenant misses a rental payment within five business days of its due date under the lease, a compliant landlord can apply to the clerk of superior court for an immediate writ of possession. Landlords should also be aware that any rent paid into the court while an appeal is pending will not be disbursed until all appeals are resolved, so financial planning should account for that potential delay.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.C. Gen. Stat. § 42-34.1 provides tenants who have lost a district court judgment with a mechanism to temporarily pause eviction by posting a bond as described in G.S. 42-34(b), without needing to post additional security under G.S. 1-292. Tenants who choose to appeal should understand that rental payments must be made on time—within five business days of the due date—or the clerk of superior court can issue a writ of possession upon the landlord's request. Tenants navigating this process may benefit from consulting a tenant-rights organization or legal aid provider to understand the bond requirements and payment obligations under 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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