N.C. Gen. Stat. § § 42-64
Affirmative defense or exemption to a complete eviction.
Operative Text
(a) Affirmative Defense. - The court shall refrain from ordering the complete eviction of a tenant pursuant to G.S. 42-63(a) where the tenant has established that the tenant was not involved in the criminal activity and that: (1) The tenant did not know or have reason to know that criminal activity was occurring or would likely occur on or within the individual rental unit, that the individual rental unit was used in any way in furtherance of or to promote criminal activity, or that any member of the tenant's household or any guest has engaged in criminal activity on or in the immediate vicinity of any portion of the entire premises; or (2) The tenant had done everything that could reasonably be expected under the circumstances to prevent the commission of the criminal activity, such as requesting the landlord to remove the offending household member's name from the lease, reporting prior criminal activity to appropriate law enforcement authorities, seeking assistance from social service or counseling agencies, denying permission, if feasible, for the offending household member to reside in the unit, or seeking assistance from church or religious organizations. Notwithstanding the court's denial of eviction of the tenant, if the plaintiff has proven that an evictable offense under G.S. 42-63 was committed by someone other than the tenant, the court shall order such other relief as the court deems appropriate to protect the interests of the landlord and neighbors of the tenant, including the partial eviction of the culpable household members pursuant to G.S. 42-63(b) and conditional eviction orders under G.S. 42-63(c). (b) Subsequent Affirmative Defense to a Complete Eviction. - The affirmative defense set forth in subsection (a) of this section shall not be available to a tenant in a subsequent action brought pursuant to this Article unless the tenant can establish by clear and convincing evidence that no reasonable person could have foreseen the occurrence of the subsequent criminal activity or that the tenant had done everything reasonably expected under the circumstances to prevent the commission of the second criminal activity. (c) Exemption. - Where the grounds for a complete eviction have been established, the court shall order the eviction of the tenant unless, taking into account the circumstances of the criminal activity and the condition of the tenant, the court is clearly convinced that immediate eviction or removal would be a serious injustice, the prevention of which overrides the need to protect the rights, safety, and health of the other tenants and residents of the leased residential premises. The burden of proof for the exemption set forth shall be by clear and convincing evidence. (1995, c. 419, s. 1.)
N.C. Gen. Stat. § 42-64 establishes two ways a tenant may avoid a complete eviction that would otherwise be ordered under the criminal-activity eviction statute: an affirmative defense and a court-granted exemption. The affirmative defense applies when a tenant can show they were uninvolved in the criminal activity and either had no knowledge it was occurring or took all reasonable steps to prevent it. Even if the defense or exemption succeeds for the tenant, the court retains authority to order partial eviction of culpable household members or impose conditional eviction orders to protect the landlord and neighbors.
Plain English — not legal advice.
Under N.C. Gen. Stat. § 42-64, a landlord pursuing a complete eviction based on criminal activity should be prepared for a tenant to raise an affirmative defense or seek a court exemption, which can result in the court declining to fully evict the tenant. Compliant operators typically document all communications with tenants about criminal activity, maintain records of lease terms regarding household members, and present evidence of the offense and its impact on neighbors and other residents. Even when a complete eviction is denied, landlords can request that the court order partial eviction of culpable household members or impose conditional eviction orders under the related provisions.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.C. Gen. Stat. § 42-64 gives tenants facing complete eviction based on criminal activity the ability to raise an affirmative defense by demonstrating they were not involved in and had no knowledge of the criminal activity, or that they took all reasonable steps—such as reporting activity to law enforcement, seeking social services, or asking the landlord to remove an offending household member from the lease—to prevent it. A higher standard applies in subsequent proceedings, where a tenant must show by clear and convincing evidence that the later criminal activity was unforeseeable or that every reasonable preventive step was taken. Tenants in this situation may benefit from contacting a local tenant-rights organization or legal aid office to understand which grounds under § 42-64 may be relevant to their circumstances.
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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