N.C. Gen. Stat. § § 42-36
Damages to tenant for dispossession, if proceedings quashed, etc.
Operative Text
If, by order of the magistrate, the plaintiff is put in possession, and the proceedings shall afterwards be quashed or reversed, the defendant may recover damages of the plaintiff for his removal. (1868-9, c. 156, s. 30; Code, s. 1776; Rev., s. 2010; C.S., s. 2375; 1971, c. 533, s. 10.)
Under N.C. Gen. Stat. § 42-36, when a magistrate's order places a landlord (plaintiff) in possession of a rental property and that order is later quashed or reversed on appeal or review, the displaced tenant (defendant) has a legal basis to seek monetary damages from the landlord for the harm caused by the removal. The provision essentially creates a remedy that follows the outcome of the underlying legal proceeding — if the eviction order is undone, so too is the landlord's right to have enforced it without consequence. This rule reflects the principle that a party who wrongfully obtains possession through a proceeding that is later invalidated bears financial responsibility for the resulting harm.
Plain English — not legal advice.
Property owners and managers operating under N.C. Gen. Stat. § 42-36 should be aware that obtaining a magistrate's order for possession does not permanently insulate them from financial liability if that order is subsequently quashed or reversed. Compliant operators generally ensure that their eviction proceedings are well-supported by facts and law before acting on a possession order, understanding that a later reversal can expose them to a damages claim by the former tenant. Keeping thorough records of the basis for any eviction action is a practice commonly associated with responsible property management in light of this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.C. Gen. Stat. § 42-36 provides tenants with a potential damages remedy if they were removed from their home pursuant to a magistrate's order that was later quashed or reversed. Tenants who believe their eviction proceeding was improperly decided may have grounds to pursue a damages claim against the landlord once the underlying order has been successfully challenged through the appropriate court process. Tenant-rights organizations and legal aid offices can help explain what documentation and procedural steps are generally associated with pursuing such a claim 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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