§ 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 […]
§ 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 […]
§ 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.)