N.C. Gen. Stat. § § 42-36.1A
Judgments for possession more than 30 days old.
Operative Text
Prior to obtaining execution of a judgment that has been entered for more than 30 days for possession of demised premises, a landlord shall sign an affidavit stating that the landlord has neither entered into a formal lease with the defendant nor accepted rental money from the defendant for any period of time after entry of the judgment. (1995, c. 460, s. 7.)
Under N.C. Gen. Stat. § 42-36.1A, when a court judgment for possession of rental property is more than 30 days old, the landlord cannot simply proceed to enforce that judgment without an additional step. The law requires the landlord to first sign a sworn affidavit confirming that no new lease has been signed with the tenant and that no rent has been accepted from the tenant after the judgment was entered. This rule exists to prevent landlords from collecting rent or entering new agreements with a tenant—actions that could imply a renewed tenancy—and then still enforcing an older eviction judgment against that same tenant.
Plain English — not legal advice.
Property owners and managers operating under N.C. Gen. Stat. § 42-36.1A should be aware that accepting rent payments or signing a new lease with a tenant after a judgment for possession has been entered can complicate or delay enforcement of that judgment. A compliant operator generally avoids accepting any rental payments from the tenant following the judgment and refrains from entering into any new formal lease arrangement during that period. Before proceeding with execution of a judgment older than 30 days, a landlord is generally expected to prepare and sign the required affidavit attesting to these facts.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under N.C. Gen. Stat. § 42-36.1A, tenants facing enforcement of an older eviction judgment have certain protections worth understanding. If a landlord accepted rent or signed a new lease with you after the original judgment was entered, that landlord may not be able to lawfully execute the judgment without first filing a sworn affidavit—and any false statements in that affidavit could be legally significant. Tenants in this situation may consider contacting a local tenant-rights organization or legal aid office to understand what options may be available, including whether the landlord's conduct after the judgment affects its enforceability.
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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