§ 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 […]
§ 42-39 – Exclusions.
42-39. Exclusions. (a) The provisions of this Article shall not apply to transient occupancy in a hotel, motel, or similar lodging subject to regulation by the Commission for Public Health. (a1) The provisions of this Article shall not apply to vacation rentals entered into under Chapter 42A of the General Statutes. (b) Nothing in this […]
§ 42-40 – Definitions.
42-40. Definitions. For the purpose of this Article, the following definitions shall apply: (1) "Action" includes recoupment, counterclaim, defense, setoff, and any other proceeding including an action for possession. (2) "Premises" means a dwelling unit, including mobile homes or mobile home spaces, and the structure of which it is a part and facilities and appurtenances […]
§ 42-32 – Damages assessed to trial.
42-32. Damages assessed to trial. On appeal to the district court, the jury trying issues joined shall assess the damages of the plaintiff for the detention of his possession to the time of the trial in that court; and, if the jury finds that the detention was wrongful and that the appeal was without merit […]
§ 42-41 – Mutuality of obligations.
42-41. Mutuality of obligations. The tenant’s obligation to pay rent under the rental agreement or assignment and to comply with G.S. 42-43 and the landlord’s obligation to comply with G.S. 42-42(a) shall be mutually dependent. (1977, c. 770, s. 1.)
§ 42-33 – Rent and costs tendered by tenant.
42-33. Rent and costs tendered by tenant. If, in any action brought to recover the possession of demised premises upon a forfeiture for the nonpayment of rent, the tenant, before judgment given in such action, pays or tenders the rent due and the costs of the action, all further proceedings in such action shall cease. […]
§ 42-42 – Landlord to provide fit premises.
42-42. Landlord to provide fit premises. (a) The landlord shall: (1) Comply with the current applicable building and housing codes, whether enacted before or after October 1, 1977, to the extent required by the operation of such codes; no new requirement is imposed by this subdivision (a)(1) if a structure is exempt from a current […]
§ 42-34 – Undertaking on appeal and order staying execution.
42-34. Undertaking on appeal and order staying execution. (a) Upon appeal to the district court, either party may demand that the case be tried at the first session of the court after the appeal is docketed, but the presiding judge, in his discretion, may first try any pending case in which the rights of the […]