N.C. Gen. Stat. § § 42-37.2
Remedies.
Operative Text
(a) If the court finds that an ejectment action is retaliatory, as defined by this Article, it shall deny the request for ejectment; provided, that a dismissal of the request for ejectment shall not prevent the landlord from receiving payments for rent due or any other appropriate judgment. (b) The rights and remedies created by this Article are supplementary to all existing common law and statutory rights and remedies. (1979, c. 807.)
Under N.C. Gen. Stat. § 42-37.2, when a court determines that a landlord's ejectment action qualifies as retaliatory under North Carolina's anti-retaliation article, the court must deny the eviction request. However, dismissing the ejectment does not erase any legitimate rent obligations the tenant may owe — the landlord can still pursue a money judgment for unpaid rent or other appropriate relief. The remedies established by this article layer on top of, rather than replace, any existing common law or statutory protections that may otherwise apply.
Plain English — not legal advice.
Property owners and managers in North Carolina should be aware that under N.C. Gen. Stat. § 42-37.2, a court finding of retaliation will result in the denial of an ejectment action — meaning the eviction effort fails entirely. Compliant operators generally ensure that any decision to pursue ejectment is grounded in legitimate, documented reasons unrelated to a tenant's protected activity, and they maintain clear records distinguishing rent-collection claims from the ejectment request itself. Because the article's remedies are supplementary to existing law, operators should understand that tenants may raise multiple legal theories simultaneously.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.C. Gen. Stat. § 42-37.2 gives tenants a meaningful defense: if a court finds that an eviction action was brought in retaliation for protected activity, the eviction must be denied. Tenants facing ejectment proceedings they believe are retaliatory may raise this finding as a defense directly in court, and the provision's supplementary nature means it can be used alongside other common law or statutory protections. Tenant-rights organizations and legal aid offices in North Carolina can help individuals understand how this article interacts with other available remedies.
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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