N.C. Gen. Stat. § § 42-73
Collection of rent.
Operative Text
A landlord shall be entitled to collect rent due and owing with knowledge of any illegal acts that violate the provisions of this act without such collection constituting a waiver of the alleged defaults. (1995, c. 419, s. 1.)
Under N.C. Gen. Stat. § 42-73, a landlord who continues to accept rent payments does not automatically give up the right to pursue a tenant for violations of the act, even if the landlord is aware that those violations are occurring. In other words, accepting rent while knowing about an illegal act does not legally excuse or 'waive' the underlying default. This rule clarifies that the act of collecting rent and the right to enforce lease or statutory violations are treated as separate matters.
Plain English — not legal advice.
N.C. Gen. Stat. § 42-73 provides property owners with an important protection: continuing to collect rent after learning of a tenant's illegal acts does not forfeit the landlord's ability to pursue remedies for those violations. Compliant operators typically document any known violations promptly and separately from their rent collection practices, keeping a clear record that acceptance of payment was not intended as forgiveness of the default. Maintaining thorough written records of communications and notices related to any alleged violations helps demonstrate that rent collection and enforcement actions are being handled as distinct matters.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under N.C. Gen. Stat. § 42-73, a landlord's continued acceptance of rent does not necessarily mean the landlord has forgiven or overlooked any alleged violations of the act. Tenants should be aware that paying rent and having it accepted does not automatically shield them from enforcement actions related to conduct the landlord has identified as a violation. If a dispute arises over alleged violations, consulting a tenant-rights organization or legal aid provider familiar with North Carolina housing law can help clarify what options and defenses may be available.
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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