North Carolina General Statutes Chapter 42 — Landlord and Tenant
G.S. Ch. 42 Arts.1/2A/3/4/4A/5/6/7 (85 operative sections, excluding Art.2 Agricultural Tenancies and §§42-57–42-58 "Reserved for future codification purposes"): primary NC landlord-tenant statute. Covers residential leases, ejectment, summary ejectment, retaliatory eviction, residential rental agreements, prohibited lease provisions, and tenant security deposits.
Provisions (85)
§ § 42-1
Lessor and lessee not partners.
§ § 42-10
Tenant not liable for accidental damage.
§ § 42-11
Willful destruction by tenant misdemeanor.
§ § 42-12
Lessee may surrender, where building destroyed or damaged.
§ § 42-13
Wrongful surrender to other than landlord misdemeanor.
§ § 42-14
Notice to quit in certain tenancies.
§ § 42-14.1
Preemption of local regulations.
§ § 42-14.2
Death, illness, or conviction of certain crimes not a material fact.
§ § 42-14.3
Notice of conversion of manufactured home communities.
§ § 42-14.4
Notice to State Bar of attorney default on lease.
§ § 42-14.5
Foreseeability not created by criminal record; no duty to screen.
§ § 42-14.6
Transient occupancies excluded.
§ § 42-2
Attornment unnecessary on conveyance of reversions, etc.
§ § 42-25.6
Manner of ejectment of residential tenants.
§ § 42-25.7
Distress and distraint not permitted.
§ § 42-25.8
Contrary lease provisions.
§ § 42-25.9
Remedies.
§ § 42-26
Tenant holding over may be dispossessed in certain cases.
§ § 42-26.1
Expired.
§ § 42-27
Local: Refusal to perform contract ground for dispossession.
§ § 42-28
Summons issued by clerk.
§ § 42-29
Service of summons.
§ § 42-3
Term forfeited for nonpayment of rent.
§ § 42-30
Judgment by confession, where plaintiff has proved case, or failure to appear.
§ § 42-31
Trial by magistrate.
§ § 42-32
Damages assessed to trial.
§ § 42-33
Rent and costs tendered by tenant.
§ § 42-34
Undertaking on appeal and order staying execution.
§ § 42-34.1
Rent pending execution of judgment; post bond pending appeal.
§ § 42-35
Restitution of tenant, if case quashed, etc., on appeal.
§ § 42-36
Damages to tenant for dispossession, if proceedings quashed, etc.
§ § 42-36.1
Lease or rental of manufactured homes.
§ § 42-36.1A
Judgments for possession more than 30 days old.
§ § 42-36.2
Notice to tenant of execution of writ for possession of property; storage of evicted tenant's personal property.
§ § 42-36.3
Death of residential tenant; landlord may file affidavit to remove personal property from the dwelling unit.
§ § 42-37
Repealed by Session Laws 1971, c. 533, s. 11.
§ § 42-37.1
Defense of retaliatory eviction.
§ § 42-37.2
Remedies.
§ § 42-37.3
Waiver.
§ § 42-38
Application.
§ § 42-39
Exclusions.
§ § 42-4
Recovery for use and occupation.
§ § 42-40
Definitions.
§ § 42-41
Mutuality of obligations.
§ § 42-42
Landlord to provide fit premises.
§ § 42-42.1
Water, electricity, and natural gas conservation.
§ § 42-42.2
Victim protection - nondiscrimination.
§ § 42-42.3
Victim protection - change locks.
§ § 42-43
Tenant to maintain dwelling unit.
§ § 42-44
General remedies, penalties, and limitations.
§ § 42-45
Early termination of rental agreement by military personnel, surviving family members, or lawful representative.
§ § 42-45.1
Early termination of rental agreement by victims of domestic violence, sexual assault, or stalking.
§ § 42-45.2
Early termination of rental agreement by tenants residing in certain foreclosed property.
§ § 42-46
Authorized fees, costs, and expenses.
§ § 42-5
Rent apportioned, where lease terminated by death.
§ § 42-50
Deposits from the tenant.
§ § 42-51
Permitted uses of the deposit.
§ § 42-52
Landlord's obligations.
§ § 42-53
Pet deposits.
§ § 42-54
Transfer of dwelling units.
§ § 42-55
Remedies.
§ § 42-56
Application of Article.
§ § 42-59
Definitions.
§ § 42-59.1
Statement of Public Policy.
§ § 42-6
Rents, annuities, etc., apportioned, where right to payment terminated by death.
§ § 42-60
Nature of actions and jurisdiction.
§ § 42-61
Standard of proof.
§ § 42-62
Parties.
§ § 42-63
Remedies and judicial orders.
§ § 42-64
Affirmative defense or exemption to a complete eviction.
§ § 42-65
Obstructing the execution or enforcement of a removal or eviction order.
§ § 42-66
Motion to enforce eviction and removal orders.
§ § 42-67
Impermissible defense.
§ § 42-68
Expedited proceedings.
§ § 42-69
Relation to criminal proceedings.
§ § 42-7
In lieu of emblements, farm lessee holds out year, with rents apportioned.
§ § 42-70
Discovery.
§ § 42-71
Protection of threatened witnesses or affiants.
§ § 42-72
Availability of law enforcement resources to plaintiffs or potential plaintiffs.
§ § 42-73
Collection of rent.
§ § 42-74
Preliminary or emergency relief.
§ § 42-75
Cumulative remedies.
§ § 42-76
Civil immunity.
§ § 42-8
Grantees of reversion and assigns of lease have reciprocal rights under covenants.
§ § 42-9