N.C. Gen. Stat. § § 42-36.3

Death of residential tenant; landlord may file affidavit to remove personal property from the dwelling unit.

In Force
Verified 10/26/2026 · Next check 11/25/2026
effective 10/8/2026North CarolinaEviction & Just Cause

Operative Text

N.C. Gen. Stat. § § 42-36.3
Notwithstanding any other provision of this Chapter, when a decedent who is the sole occupant of a dwelling unit dies leaving tangible personal property in the dwelling unit, the landlord may, instead of commencing a summary ejectment action, file an affidavit as provided in G.S. 28A-25-7. (2012-17, s. 9.)
Source: Legislative text reproduced verbatim
Plain English

Under N.C. Gen. Stat. § 42-36.3, when a residential tenant who lived alone passes away and leaves personal belongings behind in the dwelling unit, the landlord is not required to go through a formal eviction proceeding to address those belongings. Instead, the law provides an alternative path: the landlord may file an affidavit under the small-estates statute (G.S. 28A-25-7) to handle the removal of the deceased tenant's tangible personal property. This provision applies only when the deceased was the sole occupant of the unit.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 14, 2026

Plain English — not legal advice.

For Property Managers

N.C. Gen. Stat. § 42-36.3 gives property owners and managers a streamlined option when a sole-occupant tenant dies and leaves personal property in the unit. Rather than initiating a summary ejectment action, a compliant operator typically reviews the affidavit process outlined in G.S. 28A-25-7 and follows its requirements before removing or disposing of any belongings. Operators generally document the condition of the unit and the property present, and consult with a qualified attorney or the county clerk's office to ensure the affidavit is properly prepared and filed.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

N.C. Gen. Stat. § 42-36.3 is relevant to the family members, heirs, or representatives of a deceased tenant who was the sole occupant of a rental unit. The provision means a landlord may use an affidavit process under G.S. 28A-25-7 rather than a court eviction proceeding to address personal property left in the unit, which can affect how and when belongings are accessed or retrieved. Those with a potential interest in the deceased tenant's property may wish to contact the county clerk's office, a tenant-rights organization, or a probate attorney to understand their rights under this process.

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.

Effective Timeline

Current
Oct 8, 2026
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References Out

Rules and statutes cited by this regulation

N.C. Gen. Stat. § 28A-25
Not yet ingested

References In

No inbound references recorded yet for this provision.

Related Rules

§ 151.20
TEMPORARY EVICTION CONTROLS AND RENT REDUCTIONS FOR MOBILE HOMES DAMAGED IN THE JANUARY, 1994 EARTHQUAKE
§ 1
Definitions
§ 2
Eviction of tenants prohibited; exceptions

Source Information

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