§ 42-72 – Availability of law enforcement resources to plaintiffs or potential plaintiffs.
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 […]
§ 42-73 – Collection of rent.
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.)
§ 42-64 – 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 […]
§ 42-59 – Definitions.
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. […]
§ 42-59.1 – Statement of Public Policy.
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 […]
§ 42-60 – Nature of actions and jurisdiction.
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 […]
§ 42-61 – Standard of proof.
42-61. Standard of proof. The civil causes of action established in this Article shall be proved by a preponderance of the evidence, except as otherwise expressly provided in G.S. 42-64. (1995, c. 419, s. 1.)
§ 42-62 – Parties.
42-62. Parties. (a) Who May Bring Action. – A civil action pursuant to this Article may be brought by the landlord of a leased residential premises, or the landlord’s agent, as provided for in G.S. 1-57 of the General Statutes and in Article 3 of this Chapter. (b) Defendants to the Action. – A civil […]
§ 42-63 – Remedies and judicial orders.
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 […]