N.C. Gen. Stat. § § 42-59
Definitions.
Operative Text
As used in this Article: (1) "Complete eviction" means the eviction and removal of a tenant and all members of the tenant's household. (2) "Criminal activity" means (i) activity that would constitute a violation of G.S. 90-95 other than a violation of G.S. 90-95(a)(3), or a conspiracy to violate any provision of G.S. 90-95 other than G.S. 90-95(a)(3); or (ii) other criminal activity that threatens the health, safety, or right of peaceful enjoyment of the entire premises by other residents or employees of the landlord. (3) "Entire premises" or "leased residential premises" means a house, building, mobile home, or apartment, whether publicly or privately owned, which is leased for residential purposes. These terms include the entire building or complex of buildings or mobile home park and all real property of any nature appurtenant thereto and used in connection therewith, including all individual rental units, streets, sidewalks, and common areas. These terms do not include a hotel, motel, or other guest house or part thereof rented to a transient guest. (4) "Felony" means a criminal offense that constitutes a felony under North Carolina law. (5) "Guest" means any natural person who has been given express or implied permission by a tenant, a member of the tenant's household, or another guest of the tenant to enter an individual rental unit or any portion of the entire premises. (6) "Individual rental unit" means an apartment or individual dwelling or accommodation which is leased to a particular tenant, whether or not it is used or occupied or intended to be used or occupied by a single family or household. (7) "Landlord" means a person, entity, corporation, or governmental authority or agency who or which owns, operates, or manages any leased residential premises. (8) "Partial eviction" means the eviction and removal of specified persons from a leased residential premises. (9) "Resident" means any natural person who lawfully resides in a leased residential premises who is not a signatory to a lease or otherwise has no contractual relationship to a landlord. The term includes members of the household of a tenant. (10) "Tenant" means any natural person or entity who is a named party or signatory to a lease or rental agreement, and who occupies, resides in, or has a legal right to possess and use an individual rental unit. (1995, c. 419, s. 1.)
N.C. Gen. Stat. § 42-59 establishes the foundational vocabulary for North Carolina's Article on lease-related eviction proceedings involving criminal activity. It draws precise distinctions between terms such as "complete eviction" versus "partial eviction," and between a "tenant" (a lease signatory) and a "resident" (a lawful occupant without a direct contractual relationship to the landlord). The definitions also clarify what qualifies as "criminal activity" under this Article, tying it to specific drug-offense statutes or conduct that threatens the health, safety, or peaceful enjoyment of the premises by others.
Plain English — not legal advice.
Property owners and managers operating under North Carolina law should familiarize themselves with the definitions set out in § 42-59, because these terms govern how eviction proceedings under this Article are framed and pursued. For example, the distinction between a "complete eviction" and a "partial eviction" shapes which individuals may be removed from a leased residential premises and under what circumstances. Operators who understand how "criminal activity" is defined here — including its specific references to drug-offense statutes — are better positioned to apply the Article's provisions consistently across their properties.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants in North Carolina should be aware that § 42-59 defines key terms that determine who is covered by this Article's eviction rules, including the difference between a "tenant" (someone named on a lease) and a "resident" (a household member without a direct lease relationship). These definitions affect how eviction proceedings may be initiated and against whom, including the possibility of a "partial eviction" targeting specific household members or guests rather than the primary leaseholder. Tenants who believe an eviction action under this Article has been misapplied may wish to consult a tenant-rights organization or legal aid provider familiar with North Carolina housing law.
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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