§ 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 […]
§ 42-45 – Early termination of rental agreement by military personnel, surviving family members, or lawful representative.
42-45. Early termination of rental agreement by military personnel, surviving family members, or lawful representative. (a) Any military technician under section 10216 of Title 10 of the United States Code who (i) is required to move pursuant to permanent change of station orders to depart 50 miles or more from the location of the dwelling […]
§ 42-45.1 – Early termination of rental agreement by victims of domestic violence, sexual assault, or stalking.
42-45.1. Early termination of rental agreement by victims of domestic violence, sexual assault, or stalking. (a) Any protected tenant may terminate his or her rental agreement for a dwelling unit by providing the landlord with a written notice of termination to be effective on a date stated in the notice that is at least 30 […]
§ 42-45.2 – Early termination of rental agreement by tenants residing in certain foreclosed property.
42-45.2. Early termination of rental agreement by tenants residing in certain foreclosed property. Any tenant who resides in residential real property containing less than 15 rental units that is being sold in a foreclosure proceeding under Article 2A of Chapter 45 of the General Statutes may terminate the rental agreement for the dwelling unit after […]
§ 42-46 – Authorized fees, costs, and expenses.
42-46. Authorized fees, costs, and expenses. (a) Late Fee. – In all residential rental agreements in which a definite time for the payment of the rent is fixed, the parties may agree to a late fee not inconsistent with the provisions of this subsection, to be chargeable only if any rental payment is five days […]
§ 42-50 – Deposits from the tenant.
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 federally insured depository institution or a trust institution authorized to do business in this State, or the landlord may, at the landlord’s option, furnish a bond from an insurance company […]
§ 42-51 – Permitted uses of the deposit.
42-51. Permitted uses of the deposit. (a) Security deposits for residential dwelling units shall be permitted only for the following: (1) The tenant’s possible nonpayment of rent and costs for water or sewer services provided pursuant to G.S. 62-110(g) and electric service pursuant to G.S. 62-110(h). (2) Damage to the premises, including damage to or […]
§ 42-52 – Landlord's obligations.
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 […]