§ 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 […]
§ 42-53 – Pet deposits.
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.
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 […]
§ 42-55 – Remedies.
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. The willful failure of a […]
§ 42-56 – Application of Article.
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.)
§ 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 […]