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The following excerpts and compilation from state law may not reflect some recent amendments.
The best source for current information are the links we provide to state government web sites.
North Carolina Landlord Tenant Law
42-3. Term forfeited for nonpayment of rent.
42-14. Notice to quit in certain tenancies.
42-26. Tenant holding over may be dispossessed in certain cases.
42-27. Local: Refusal to perform contract ground for dispossession.
42-28. Summons issued by clerk.
42-29. Service of summons.
42-30. Judgment by confession or where plaintiff has proved case.
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.
42-35. Restitution of tenant, if case quashed, etc., on appeal.
42-36. Damages to tenant for dispossession, if proceedings quashed, etc.
42-36.2. Notice to tenant of execution of writ for possession of property;
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.
42-59.1. Statement of Public Policy.
42-63. Remedies and judicial orders.
42-3. Term forfeited for nonpayment of rent.
In all verbal or written leases of real property of any kind in which is fixed a definite time for the payment of the rent reserved therein, there shall be implied a forfeiture of the term upon failure to pay the rent within 10 days after a demand is made by the lessor or his agent on said lessee for all past-due rent, and the lessor may forthwith enter and dispossess the tenant without having declared such forfeiture or reserved the right of reentry in the lease. (1919, c. 34; C.S., s. 2343.)
42-14. Notice to quit in certain tenancies.
A tenancy from year to year may be terminated by a notice to quit given one month or more before the end of the current year of the tenancy; a tenancy from month to month by a like notice of seven days; a tenancy from week to week, of two days. Provided, however, where the tenancy involves only the rental of a space for a manufactured home as defined in G.S. 143-143.9(6), a notice to quit must be given at least 30 days before the end of the current rental period, regardless of the term of the tenancy. (1868-9, c. 156, s. 9; Code, s. 1750; 1891, c. 227; Rev., s. 1984; C.S., s. 2354; 1985, c. 541.)
42-26. Tenant holding over may be dispossessed in certain cases.
Any tenant or lessee of any house or land, and the assigns under the tenant or legal representatives of such tenant or lessee, who holds over and continues in the possession of the demised premises, or any part thereof, without the permission of the landlord, and after demand made for its surrender, may be removed from such premises in the manner hereinafter prescribed in any of the following cases:
(1) When a tenant in possession of real estate holds over after his term has expired.
(2) When the tenant or lessee, or other person under him, has done or omitted any act by which, according to the stipulations of the lease, his estate has ceased.
(3) When any tenant or lessee of lands or tenements, who is in arrear for rent or has agreed to cultivate the demised premises and to pay a part of the crop to be made thereon as rent, or who has given to the lessor a lien on such crop as a security for the rent, deserts the demised premises, and leaves them unoccupied and uncultivated. (4 Geo. II, c. 28; 1868-9, c. 156, s. 19; Code, ss. 1766, 1777; 1905, cc. 297, 299, 820; Rev., s. 2001; C.S., s. 2365.)
42-27. Local: Refusal to perform contract ground for dispossession.
When any tenant or cropper who enters into a contract for the rental of land for the current or ensuing year willfully neglects or refuses to perform the terms of his contract without just cause, he shall forfeit his right of possession to the premises. This section applies only to the following counties: Alamance, Alexander, Alleghany, Anson, Ashe, Beaufort, Bertie, Bladen, Brunswick, Burke, Cabarrus, Camden, Carteret, Caswell, Chatham, Chowan, Cleveland, Columbus, Craven, Cumberland, Currituck, Davidson, Duplin, Edgecombe, Forsyth, Franklin, Gaston, Gates, Greene, Guilford, Halifax, Harnett, Hertford, Hoke, Hyde, Jackson, Johnston, Jones, Lee, Lenoir, Martin, Mecklenburg, Montgomery, Moore, Nash, Northampton, Onslow, Pasquotank, Pender, Perquimans, Pitt, Polk, Randolph, Robeson, Rockingham, Rowan, Rutherford, Sampson, Stokes, Surry, Swain, Tyrrell, Union, Wake, Warren, Washington, Wayne, Wilson, Yadkin.
42-28. Summons issued by clerk.
When the lessor or his assignee files a complaint pursuant to G.S. 42-26 or 42-27, and asks to be put in possession of the leased premises, the clerk of superior court shall issue a summons requiring the defendant to appear at a certain time and place not to exceed seven days from the issuance of the summons, excluding weekends and legal holidays, to answer the complaint. The plaintiff may claim rent in arrears, and damages for the occupation of the premises since the cessation of the estate of the lessee, not to exceed the jurisdictional amount established by G.S. 7A-210(1), but if he omits to make such claim, he shall not be prejudiced thereby in any other action for their recovery.
42-29. Service of summons.
The officer receiving the summons shall mail a copy of the summons and complaint to the defendant no later than the end of the next business day or as soon as practicable at the defendant's last known address in a stamped addressed envelope provided by the plaintiff to the action. The officer may, within five days of the issuance of the summons, attempt to telephone the defendant requesting that the defendant either personally visit the officer to accept service, or schedule an appointment for the defendant to receive delivery of service from the officer. If the officer does not attempt to telephone the defendant or the attempt is unsuccessful or does not result in service to the defendant, the officer shall make at least one visit to the place of abode of the defendant within five days of the issuance of the summons at a time reasonably calculated to find the defendant at the place of abode to attempt personal delivery of service. He then shall deliver a copy of the summons together with a copy of the complaint to the defendant, or leave copies thereof at the defendant's dwelling house or usual place of abode with some person of suitable age and discretion then residing therein. If such service cannot be made the officer shall affix copies to some conspicuous part of the premises claimed and make due return showing compliance with this section. (1868-9, c. 156, s. 21; Code, s. 1768; Rev., s. 2003; C.S., s. 2368;1973, c. 87; 1983, c. 332, s. 1; 1985, c. 102; 1995, c. 460, s. 5.)
42-30. Judgment by confession or where plaintiff has proved case.
*The summons shall be returned according to its tenor, and if on its return it appears to have been duly served, and if the plaintiff proves his case by a preponderance of the evidence, or the defendant admits the allegations of the complaint, the magistrate shall give judgment that the defendant be removed from, and the plaintiff be put in possession of, the demised premises; and if any rent or damages for the occupation of the premises after the cessation of the estate of the lessee, not exceeding the jurisdictional amount established by G.S. 7A-210(1), be claimed in the oath of the plaintiff as due and unpaid, the magistrate shall inquire thereof, and give judgment as he may find the fact to be.
42-31. Trial by magistrate.
*If the defendant by his answer denies any material allegation in the oath of the plaintiff, the magistrate shall hear the evidence and give judgment as he shall find the facts to be. (1868-9, c 156, s. 23; Code, s. 1770; Rev., s. 2005; C.S., s. 2370; 1971, c. 533, s. 6.)
42-32. Damages assessed to trial.
On appeal to the district court, the jury trying issues joined shall assess the damages of the plaintiff for the detention of his possession to the time of the trial in that court; and, if the jury finds that the detention was wrongful and that the appeal was without merit and taken for the purpose of delay, the plaintiff, in addition to any other damages allowed, shall be entitled to the amount of rent in arrears, or which may have accrued, to the time of trial in the district court. Judgment for the rent in arrears and for the damages assessed may, on motion, be rendered against the sureties to the appeal. (1868-9, c. 156, s. 28; Code, s. 1775; Rev., s. 2006; C.S., s. 2371; 1945, c. 796; 1971, c. 533, s. 7; 1979, c. 820, s. 7.)
42-33. Rent and costs tendered by tenant.
If, in any action brought to recover the possession of demised premises upon a forfeiture for the nonpayment of rent, the tenant, before judgment given in such action, pays or tenders the rent due and the costs of the action, all further proceedings in such action shall cease. If the plaintiff further prosecutes his action, and the defendant pays into court for the use of the plaintiff a sum equal to that which shall be found to be due, and the costs, to the time of such payment, or to the time of a tender and refusal, if one has occurred, the defendant shall recover from the plaintiff all subsequent costs; the plaintiff shall be allowed to receive the sum paid into court for his use, and the proceedings shall be stayed. (4 Geo. II, c. 28, s. 4; 1868-9, c. 156, s. 26; Code, s. 1773; Rev., s. 2007; C.S., s. 2372.)
42-34. Undertaking on appeal and order staying execution.
(a) Upon appeal to the district court, either party may demand that the case be tried at the first session of the court after the appeal is docketed, but the presiding judge, in his discretion, may first try any pending case in which the rights of the parties or the public demand it.
(b) It shall be sufficient to stay execution of a judgment for ejectment that the defendant appellant sign an undertaking that he will pay into the office of the clerk of superior court the amount of the contract rent as it becomes due periodically after the judgment was entered and, where applicable, comply with subdivision (c) below. Any magistrate, clerk, or district court judge shall order stay of execution upon such undertaking. If either party disputes the amount of the payment or the due date in such undertaking, the aggrieved party may move for modification of the terms of the undertaking before the clerk of superior court or the district court. Upon such motion and upon notice to all interested parties, the clerk or court shall hold a hearing and determine what modifications, if any, are appropriate.
(c) In an ejectment action based upon alleged nonpayment of rent where the judgment is entered more than five working days before the day when the next rent will be due under the lease, the appellant shall make an additional undertaking to stay execution pending appeal. Such additional
undertaking shall be the payment of the prorated rent for the days between the day that the judgment was entered and the next day when the rent will be due under the lease. Notwithstanding, such additional undertaking shall not be required of an indigent appellant who prosecutes his appeal with an in forma pauperis affidavit that meets the requirements of G.S. 1-288.
(d) The undertaking by the appellant and the order staying execution may be substantially in the following form:
"State of North Carolina,
"County of ................
"................ , Plaintiff
vs.Bond to
"................ , DefendantStay Execution
On Appeal to
District Court
"Now comes the defendant in the above entitled action and respectfully shows the court that
judgment for summary ejectment was entered against the defendant and for the plaintiff on
the.......... day of ......., 19..., by the Magistrate. Defendant has appealed the judgment to the
District Court.
"Pursuant to the terms of the lease between plaintiff and defendant, defendant is obligated to pay
rent in the amount of $...... per ....., due on the ..... day of each ......
"Where an additional undertaking is required by G.S. 42-34(c), the defendant hereby tenders $......
to the Court as required.
"Defendant hereby undertakes to pay the periodic rent hereinafter due according to the aforesaid
terms of the lease and moves the Court to stay execution on the judgment for summary ejectment
until this matter is heard on appeal by the District Court.
"This the ........ day of........, 19.....
..........................
Defendant
"Upon execution of the above bond, execution on said judgment for summary ejectment is hereby
stayed until the action is heard on appeal in the District Court. If defendant fails to make any
rental payment to the clerk's office within five days of the due date, upon application of the
plaintiff, the stay of execution shall dissolve and the sheriff may dispossess the defendant.
"This ........ day of ........, 19.....
..................................
Assistant Clerk of Superior Court."
(e) Upon application of the plaintiff, the clerk of superior court shall pay to the plaintiff any amount of the rental payments paid by the defendant into the clerk's office which are not claimed by the defendant in any pleadings.
(f) If the defendant fails to make a payment within five days of the due date according to the undertaking and order staying execution, the clerk, upon application of the plaintiff, shall issue execution on the judgment for possession.
(g) When it appears by stipulation executed by all of the parties or by final order of the court that the appeal has been resolved, the clerk of court shall disburse any accrued moneys of the undertaking remaining in the clerk's office according to the terms of the stipulation or order.
42-35. Restitution of tenant, if case quashed, etc., on appeal.
If the proceedings before the magistrate are brought before a district court and quashed, or judgment is given against the plaintiff, the district or other court in which final judgment is given shall, if necessary, restore the defendant to the possession, and issue such writs as are proper for that purpose. (1868-9, c. 156, s. 27; Code, s. 1774; Rev., s. 2009; C.S., s. 2374; 1971, c. 533, s. 9.)
42-36. Damages to tenant for dispossession, if proceedings quashed, etc.
If, by order of the magistrate, the plaintiff is put in possession, and the proceedings shall afterwards be quashed or reversed, the defendant may recover damages of the plaintiff for his removal. (1868-9, c. 156, s. 30; Code, s. 1776; Rev., s. 2010; C.S., s. 2375; 1971, c. 533, s. 10.)
42-36.1. Lease or rental of manufactured homes.
The provisions of this Article shall apply to the lease or rental of manufactured homes, as defined in G.S. 143-145. (1971, c. 764; 1985, c. 487, s. 8.)
42-36.1A. Judgments for possession more than 30 days old.
Prior to obtaining execution of a judgment that has been entered for more than 30 days for possession of demised premises, a landlord shall sign an affidavit stating that the landlord has neither entered into a formal lease with the defendant nor accepted rental money from the defendant for any period of time after entry of the judgment. (1995, c. 460, s. 7.)
42-36.2. Notice to tenant of execution of writ for possession of property; storage of evicted
tenant's personal property.
(a) When Sheriff May Remove Property. -- Before removing a tenant's personal property from demised premises pursuant to a writ for possession of real property or an order, the sheriff shall give the tenant notice of the approximate time the writ will be executed. The time within which the sheriff shall have to execute the writ shall be no more than seven days from the sheriff's receipt thereof. The sheriff shall remove the tenant's property, as provided in the writ, no earlier than the time specified in the notice, unless:
(1) The landlord, or his authorized agent, signs a statement saying that the tenant's property can remain on the premises, in which case the sheriff shall simply lock the premises; or
(2) The landlord, or his authorized agent, signs a statement saying that the landlord does not want to eject the tenant because the tenant has paid all court costs charged to him and has satisfied his indebtedness to the landlord.
Upon receipt of either statement by the landlord, the sheriff shall return the writ unexecuted to the issuing clerk of court and shall make a notation on the writ of his reasons. The sheriff shall attach a copy of the landlord's statement to the writ. If the writ is returned unexecuted because the landlord signed a statement described in subdivision (2) of this subsection, the clerk shall make an entry of satisfaction on the judgment docket. If the sheriff padlocks, the costs of the proceeding shall be charged as part of the court costs.
(b) Sheriff May Store Property. -- When the sheriff removes the personal property of an evicted tenant from demised premises pursuant to a writ or order the tenant shall take possession of his property. If the tenant fails or refuses to take possession of his property, the sheriff may deliver the property to any storage warehouse in the county, or in an adjoining county if no storage warehouse is located in that county, for storage. The sheriff may require the landlord to advance the cost of delivering the property to a storage warehouse plus the cost of one month's storage before delivering the property to a storage warehouse. If a landlord refuses to advance these costs when requested to do so by the sheriff, the sheriff shall not remove the tenant's property, but shall return the writ unexecuted to the issuing clerk of court with a notation thereon of his reason for not executing the writ. Within 10 days of the landlord's being placed in lawful possession by execution of a writ of possession and upon the tenant's request within that 10-day period, the landlord shall release possession of the property to the tenant during regular business hours or at a time agreed upon. During the 10-day period after being placed in lawful possession by execution of a writ of possession, a landlord may move for storage purposes, but shall not throw away, dispose of, or sell any items of personal property remaining on the premises unless otherwise provided for in this Chapter. After the expiration of the 10-day period, the landlord may throw away, dispose of, or sell the property in accordance with the provisions of G.S. 42-25.9(g). If the tenant does not request release of the property within 10 days, all costs of summary ejectment, execution and storage proceedings shall be charged to the tenant as court costs and shall constitute a lien against the stored property or a claim against any remaining balance of the proceeds of a warehouseman's lien sale.
(c) Liability of the Sheriff. -- A sheriff who stores a tenant's property pursuant to this section and any person acting under the sheriff's direction, control, or employment shall be liable for any claims arising out of the willful or wanton negligence in storing the tenant's property.
(d) Notice. -- The notice required by subsection (a) shall inform the tenant that failure to request possession of any property on the premises within 10 days of execution may result in the property being thrown away, disposed of, or sold. Notice shall be made by one of the following methods:
(1) By delivering a copy of the notice to the tenant or his authorized agent at least two days before the time stated in the notice for serving the writ;
(2) By leaving a copy of the notice at the tenant's dwelling or usual place of abode with a person of suitable age and discretion who resides there at least two days before the time stated in the notice for serving the writ; or
(3) By mailing a copy of the notice by first-class mail to the tenant at his last known address at least five days before the time stated in the notice for serving the writ. (1983, c. 672, s. 1; 1995, c. 460, s. 6.)
42-50. Deposits from the tenant.
Security deposits from the tenant in residential dwelling units shall be deposited in a trust account with a licensed and insured bank or savings institution located in the State of North Carolina or the landlord may, at his option, furnish a bond from an insurance company licensed to do business in North Carolina. The security deposits from the tenant may be held in a trust account outside of the State of North Carolina only if the landlord provides the tenant with an adequate bond in the amount of said deposits. The landlord or his agent shall notify the tenant within 30 days after the beginning of the lease term of the name and address of the bank or institution where his deposit is currently located or the name of the insurance company providing the bond. (1977, c. 914, s. 1.)
42-51. Permitted uses of the deposit.
Security deposits for residential dwelling units shall be permitted only for the tenant's possible nonpayment of rent, damage to the premises, nonfulfillment of rental period, any unpaid bills which become a lien against the demised property due to the tenant's occupancy, costs of re-renting the premises after breach by the tenant, costs of removal and storage of tenant's property after a summary ejectment proceeding or court costs in connection with terminating a tenancy. Such security deposit shall not exceed an amount equal to two weeks' rent if a tenancy is week to week, one and one-half months' rent if a tenancy is month to month, and two months' rent for terms greater than month to month. These deposits must be fully accounted for by the landlord as set forth in G.S. 42-52. (1977, c. 914, s. 1; 1983, c. 672, s. 3.)
42-52. Landlord's obligations.
Upon termination of the tenancy, money held by the landlord as security may be applied as permitted in G.S. 42-51 or, if not so applied, shall be refunded to the tenant. In either case the landlord in writing shall itemize any damage and mail or deliver same to the tenant, together with the balance of the security deposit, no later than 30 days after termination of the tenancy and delivery of possession by the tenant. If the tenant's address is unknown the landlord shall apply the deposit as permitted in G.S. 42-51 after a period of 30 days and the landlord shall hold the balance of the deposit for collection by the tenant for at least six months. The landlord may not withhold as damages part of the security deposit for conditions that are due to normal wear and tear nor may the landlord retain an amount from the security deposit which exceeds his actual damages. (1977, c. 914, s. 1.)
42-53. Pet deposits.
Notwithstanding the provisions of this section, the landlord may charge a reasonable, nonrefundable fee for pets kept by the tenant on the premises. (1977, c. 914, s. 1.)
42-54. Transfer of dwelling units.
Upon termination of the landlord's interest in the dwelling unit in question, whether by sale, assignment, death, appointment of receiver or otherwise, the landlord or his agent shall, within 30 days, do one of the following acts, either of which shall relieve him of further liability with respect to such payment or deposit:
(1) Transfer the portion of such payment or deposit remaining after any lawful deductions made under this section to the landlord's successor in interest and thereafter notify the tenant by mail of such transfer and of the transferee's name and address; or
(2) Return the portion of such payment or deposit remaining after any lawful deductions made under this section to the tenant. (1977, c. 914, s. 1.)
42-55. Remedies.
If the landlord or the landlord's successor in interest fails to account for and refund the balance of the tenant's security deposit as required by this Article, the tenant may institute a civil action to require the accounting of and the recovery of the balance of the deposit. In addition to other remedies at law and equity, the tenant may recover damages resulting from noncompliance by the landlord; and upon a finding by the court that the party against whom judgment is rendered was in willful noncompliance with this Article, the court may, in its discretion, allow a reasonable attorney's fee to the duly licensed attorney representing the prevailing party, such attorney's fee to be taxed as part of the cost of court. (1977, c. 914, s. 1.)
42-56. Application of Article.
The provisions of this Article shall apply to all persons, firms, or corporations engaged in the business of renting or managing residential dwelling units, excluding single rooms, on a weekly, monthly or annual basis. (1977, c. 914, s. 2.)
ARTICLE 7.Expedited Eviction of Drug Traffickers and Other Criminals.
42-59. Definitions.
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.)
42-59.1. Statement of Public Policy.
The General Assembly recognizes that the residents of this State have the right to the peaceful, safe, and quiet enjoyment of their homes. The General Assembly further recognizes that these rights, as well as the health, safety, and welfare of residents, are often jeopardized by the criminal activity of other residents of rented residential property, but that landlords are often unable to remove those residents engaged in criminal activity. In order to ensure that residents of this State can have the peaceful, safe, and quiet enjoyment of their homes, the provisions of this Article are deemed to apply to all residential rental agreements in this State. (1995, c. 419, s. 1.)
42-60. Nature of actions and jurisdiction.
The causes of action established in this Article are civil actions to remove tenants or other persons from leased residential premises. These actions shall be brought in the district court of the county where the individual rental unit is located. If the plaintiff files the complaint as a small claim, the parties shall not be entitled to discovery from the magistrate. However, if such a case is filed originally in the district court or is appealed from the judgment of a magistrate for a new trial in the district court, all of the procedures and remedies in this Article shall be applicable. (1995, c.419, s. 1.)
42-63. Remedies and judicial orders.
(a) Grounds for Complete Eviction. -- Subject to the provisions of G.S. 42-64 and pursuant to G.S 42-68, the court shall order the immediate eviction of a tenant and all other residents of the tenant's individual unit where it finds that:
(1) Criminal activity has occurred on or within the individual rental unit leased to the tenant; or
(2) The individual rental unit leased to the tenant was used in any way in furtherance of or to promote criminal activity; or
(3) The tenant, 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
(4) The tenant has given permission to or invited a person to return or reenter any portion of the entire premises, knowing that the person has been removed and barred from the entire premises pursuant to this Article or the reasonable rules and regulations of a publicly assisted landlord; or
(5) The tenant has failed to notify law enforcement or the landlord immediately upon learning that a person who has been removed and barred from the tenant's individual rental unit pursuant to this Article has returned to or reentered the tenant's individual rental unit.
(b) Grounds for Partial Eviction and Issuance of Removal Orders. -- The court shall, subject to the provisions of G.S. 42-64, order the immediate removal from the entire premises of any person other than the tenant, including an adult or minor member of the tenant's household, where the court finds that such person has engaged in criminal activity on or in the immediate vicinity of any portion of the leased residential premises. Persons removed pursuant to this section shall be barred from returning to or reentering any portion of the entire premises.
(c) Conditional Eviction Orders Directed Against the Tenant. -- Where the court finds that a member of the tenant's household or a guest of the tenant has engaged in criminal activity on or in the immediate vicinity of any portion of the leased residential premises, but such person has not been named as a party defendant, has not appeared in the action or otherwise has not been subjected to the jurisdiction of the court, a conditional eviction order issued pursuant to subsection (b) of this section shall be directed against the tenant, and shall provide that as an express condition of the tenancy, the tenant shall not give permission to or invite the barred person or persons to return to or reenter any portion of the entire premises. The tenant shall acknowledge in writing that the tenant understands the terms of the court's order, and that the tenant further understands that the failure to comply with the court's order will result in the mandatory termination of the tenancy pursuant to G.S. 42-68. (1995, c. 419, s. 1.)
42-64. Affirmative defense or exemption to a complete eviction.
*(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.)
* 42-65. Obstructing the execution or enforcement of a removal or eviction order.
*Any person who knowingly violates any order issued pursuant to this Article or who knowingly
interferes with, obstructs, impairs, or prevents any law enforcement officer from enforcing or
executing any order issued pursuant to this Article, shall be subject to criminal contempt under
Article 1 of Chapter 5A of the General Statutes. Nothing in this section shall be construed in any
way to preclude or preempt prosecution for any other criminal offense. (1995, c. 419, s. 1.)
* 42-66. Motion to enforce eviction and removal orders.
*(a) A motion to enforce an eviction or removal order issued pursuant to G.S. 42-63(b) or (c)
shall be heard on an expedited basis and within 15 days of the service of the motion.
*(b) Mandatory Eviction. -- The court shall order the immediate eviction of the tenant where it
finds that:
*(1)The tenant has given permission to or invited any person removed or barred from the
leased residential premises pursuant to this Article to return to or reenter any portion of the
premises; or
*(2)The tenant has failed to notify appropriate law enforcement authorities or the landlord
immediately upon learning that any person who had been removed and barred pursuant to this
Article has returned to or reentered the tenant's individual rental unit; or
*(3)The tenant has otherwise knowingly violated an express term or condition of any order
issued by court pursuant to this Article. (1995, c. 419, s. 1.)
* 42-67. Impermissible defense.
*It shall not be a defense to an action brought pursuant to this Article that the criminal activity
was an isolated incident or otherwise has not recurred. Nor is it a defense that the person who
actually engaged in the criminal activity no longer resides in the tenant's individual rental unit.
However, evidence of such facts may be admissible if offered to support affirmative defenses or
grounds for an exemption pursuant to G.S. 42-64. (1995, c. 419, s. 1.)
* 42-68. Expedited proceedings.
*Where the complaint is filed as a small claim, the expedited process for summary ejectment, as
provided in Article 3 of this Chapter and Chapter 7A of the General Statutes, applies. Where the
complaint is filed initially in the district court or a judgment by the magistrate is appealed to the
district court, the procedure in G.S. 42-34(b) through (g), if applicable, and the following
procedures apply:
*(1)Expedited Hearing. -- When a complaint is filed initiating an action pursuant to this Article,
the court shall set the matter for a hearing which shall be held on an expedited basis and within the
first term of court falling after 30 days from the service of the complaint on all defendants or from
service of notice of appeal from a magistrate's judgment, unless either party obtains a continuance.
However, where a defendant files a counterclaim, the court shall reset the trial for the first term of
court falling after 30 days from the defendant's service of the counterclaim.
*(2)Standards for Continuances. -- The court shall not grant a continuance, nor shall it stay the
civil proceedings pending the disposition of any related criminal proceedings, except as required
to complete permitted discovery, to have the plaintiff reply to a counterclaim, or for compelling
and extraordinary reasons or on application of the district attorney for good cause shown.
*(3)When Presented. -- The defendant in an action brought in district court pursuant to this
Article shall serve an answer within 20 days after service of the summons and complaint, or within
20 days after service of the appeal to district court when the action was initially brought in small
claims court. The plaintiff shall serve a reply to a counterclaim in the answer within 20 days after
service of the answer.
*(4)Extensions of Time for Filing. -- The parties to an action brought pursuant to this Article
shall not be entitled to an extension of time for completing an act required by subdivision (3) of
this section, except for compelling and extraordinary reasons.
*(5)Default. -- A party to an action brought pursuant to this Article who fails to plead in
accordance with the time periods in subdivision (3) of this section shall be subject to the
provisions of G.S. 1A-1, Rule 55.
*(6)Rules of Civil Procedure. -- Unless otherwise provided for in this Article, G.S. 1A-1, the
Rules of Civil Procedure, shall apply in the district court to all actions brought pursuant to this
Article. (1995, c. 419, s. 1.)
* 42-69. Relation to criminal proceedings.
*(a) Criminal Proceedings, Conviction, or Adjudication Not Required. -- The fact that a criminal
prosecution involving the criminal activity is not commenced or, if commenced, has not yet been
concluded or has terminated without a conviction or adjudication of delinquency shall not
preclude a civil action or the issuance of any order pursuant to this Article.
*(b) Effect of Conviction or Adjudication. -- Where a criminal prosecution involving the criminal
activity results in a final criminal conviction or adjudication of delinquency, such adjudication or
conviction shall be considered in the civil action as conclusive proof that the criminal activity
occurred.
*(c) Admissibility of Criminal Trial Recordings or Transcripts. -- Any evidence or testimony
admitted in the criminal proceeding, including recordings or transcripts of the adult or juvenile
criminal proceedings, whether or not they have been transcribed, may be admitted in the civil
action initiated pursuant to this Article.
*(d) Use of Sealed Criminal Proceeding Records. -- In the event that the evidence or records of a
criminal proceeding which did not result in a conviction or adjudication of delinquency have been
sealed by court order, the court in a civil action brought pursuant to this Article may order such
evidence or records, whether or not they have been transcribed, to be unsealed if the court finds
that such evidence or records would be relevant to the fair disposition of the civil action. (1995, c.
419, s. 1.)
* 42-70. Discovery.
*(a) The parties to an action brought pursuant to this Article shall be entitled to conduct
discovery, if the action is filed originally in or appealed to the district court, only in accordance
with this section.
*(b) Any defendant must initiate all discovery within the time allowed by this Article for the filing
of an answer or counterclaim.
*(c) The plaintiff must initiate all discovery within 20 days of service of an answer or
counterclaim by a defendant.
*(d) All parties served with interrogatories, requests for production of documents, and requests
for admissions under G.S. 1A-1, Rules 33, 34, and 36 shall serve their responses within 20 days.
*(e) Upon application by the plaintiff, or agreement of the parties, the court shall issue a
preliminary injunction against all alleged illegal activity by the defendant or other identified parties
who are residents of the individual rental unit or guests of defendants, pending the completion of
discovery and any other wait before the trial has occurred. (1995, c. 419, s. 1.)
* 42-71. Protection of threatened witnesses or affiants.
*If proof necessary to establish the grounds for eviction depends, in whole or in part, upon the
affidavits or testimony of witnesses who are not peace officers, the court may, upon a showing of
prior threats of violence or acts of violence by any defendant or any other person, issue orders to
protect those witnesses, including the nondisclosure of the name, address, or any other
information which may identify those witnesses. (1995, c. 419, s. 1.)
* 42-72. Availability of law enforcement resources to plaintiffs or potential plaintiffs.
*A law enforcement agency may make available to any person or entity authorized to bring an
action pursuant to this Article any police report or edited portion thereof, or forensic laboratory
report or edited portion thereof, concerning criminal activity committed on or in the immediate
vicinity of the leased residential premises. A law enforcement agency may also make any officer or
officers available to testify as a fact witness or expert witness in a civil action brought pursuant to
this Article. The agency shall not disclose such information where, in the agency's opinion, such
disclosure would jeopardize an investigation, prosecution, or other proceeding, or where such
disclosure would violate any federal or State statute. (1995, c. 419, s. 1.)
* 42-73. Collection of rent.
*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.)
* 42-74. Preliminary or emergency relief.
*The district court shall have the authority at any time to issue a temporary restraining order,
grant a preliminary injunction, or take such other actions as the court deems necessary to enjoin
or prevent the commission of criminal activity on or in the immediate vicinity of leased residential
premises, or otherwise to protect the rights and interests of all tenants and residents. A violation
of any such duly issued order or preliminary relief shall subject the violator to civil or criminal
contempt. (1995, c. 419, s. 1.)
* 42-75. Cumulative remedies.
*The causes of action and remedies authorized by this Article shall be cumulative with each other
and shall be in addition to, not in lieu of, any other causes of action or remedies which may be
available at law or equity, including causes of action and remedies based on express provisions of
the lease not contrary to this Article. (1995, c. 419, s. 1.)
* 42-76. Civil immunity.
*Any person or organization who, in good faith, institutes, participates in, or encourages a person
or entity to institute or participate in a civil action brought pursuant to this Article, or who in
good faith provides any information relied upon by any person or entity in instituting or
participating in a civil action pursuant to this Article shall have immunity from any civil liability
that might otherwise be incurred or imposed. Any such person or organization shall have the same
immunity from civil liability with respect to testimony given in any judicial proceeding conducted
pursuant to this Article. (1995, c. 419, s. 1.) |