N.C. Gen. Stat. § § 42-37.1
Defense of retaliatory eviction.
Operative Text
(a) It is the public policy of the State of North Carolina to protect tenants and other persons whose residence in the household is explicitly or implicitly known to the landlord, who seek to exercise their rights to decent, safe, and sanitary housing. Therefore, the following activities of such persons are protected by law: (1) A good faith complaint or request for repairs to the landlord, his employee, or his agent about conditions or defects in the premises that the landlord is obligated to repair under G.S. 42-42; (2) A good faith complaint to a government agency about a landlord's alleged violation of any health or safety law, or any regulation, code, ordinance, or State or federal law that regulates premises used for dwelling purposes; (3) A government authority's issuance of a formal complaint to a landlord concerning premises rented by a tenant; (4) A good faith attempt to exercise, secure or enforce any rights existing under a valid lease or rental agreement or under State or federal law; or (5) A good faith attempt to organize, join, or become otherwise involved with, any organization promoting or enforcing tenants' rights. (b) In an action for summary ejectment pursuant to G.S. 42-26, a tenant may raise the affirmative defense of retaliatory eviction and may present evidence that the landlord's action is substantially in response to the occurrence within 12 months of the filing of such action of one or more of the protected acts described in subsection (a) of this section. (c) Notwithstanding subsections (a) and (b) of this section, a landlord may prevail in an action for summary ejectment if: (1) The tenant breached the covenant to pay rent or any other substantial covenant of the lease for which the tenant may be evicted, and such breach is the reason for the eviction; or (2) In a case of a tenancy for a definite period of time where the tenant has no option to renew the lease, the tenant holds over after expiration of the term; or (3) The violation of G.S. 42-42 complained of was caused primarily by the willful or negligent conduct of the tenant, member of the tenant's household, or their guests or invitees; or (4) Compliance with the applicable building or housing code requires demolition or major alteration or remodeling that cannot be accomplished without completely displacing the tenant's household; or (5) The landlord seeks to recover possession on the basis of a good faith notice to quit the premises, which notice was delivered prior to the occurrence of any of the activities protected by subsections (a) and (b) of this section; or (6) The landlord seeks in good faith to recover possession at the end of the tenant's term for use as the landlord's own abode, to demolish or make major alterations or remodeling of the dwelling unit in a manner that requires the complete displacement of the tenant's household, or to terminate for at least six months the use of the property as a rental dwelling unit. (1979, c. 807.)
N.C. Gen. Stat. § 42-37.1 establishes that certain tenant activities — such as requesting repairs, filing complaints with government agencies, or organizing with tenant groups — are legally protected from retaliatory eviction. If a landlord files for summary ejectment within 12 months of a tenant engaging in one of these protected acts, the timing can be raised as evidence of retaliation. However, the law also identifies specific circumstances under which a landlord may still prevail in an eviction action despite a retaliation claim, such as a genuine lease breach or a pre-existing notice to quit.
Plain English — not legal advice.
Under N.C. Gen. Stat. § 42-37.1, compliant operators document the independent, non-retaliatory basis for any eviction action — such as a lease breach, holdover tenancy, or a notice to quit issued before any protected activity occurred. Maintaining clear records of lease violations, repair histories, and the timing of any notices helps demonstrate that an eviction decision was made on legitimate grounds. Operators generally ensure that eviction filings are not initiated within a timeframe that could appear substantially connected to a tenant's repair request, government complaint, or tenant-organizing activity.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.C. Gen. Stat. § 42-37.1 gives tenants the right to raise retaliatory eviction as an affirmative defense in a summary ejectment proceeding if the eviction appears substantially connected to a protected act — like requesting repairs or filing a housing code complaint — that occurred within the prior 12 months. Tenants can present evidence of this timing directly in court. Tenant-rights organizations in North Carolina can help explain how this defense works and what documentation may be relevant.
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
References Out
Rules and statutes cited by this regulation
References In
No inbound references recorded yet for this provision.