§ 42-76 – Civil immunity.
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 […]
§ 42-74 – Preliminary or emergency relief.
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 […]
§ 42-75 – Cumulative remedies.
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 […]
§ 42-64 – Affirmative defense or exemption to a complete eviction.
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 […]
§ 42-65 – Obstructing the execution or enforcement of a removal or eviction order.
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 […]
§ 42-66 – Motion to enforce eviction and removal orders.
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 […]
§ 42-67 – Impermissible defense.
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, […]
§ 42-68 – Expedited proceedings.
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 […]
§ 42-69 – Relation to criminal proceedings.
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 […]
§ 42-70 – Discovery.
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 […]