US Lawyer Database

For Lawyer-Seekers

YOU DESERVE THE BEST LAWYER

§ 42-1 – Lessor and lessee not partners.

42-1. Lessor and lessee not partners. No lessor of property, merely by reason that he is to receive as rent or compensation for its use a share of the proceeds or net profits of the business in which it is employed, or any other uncertain consideration, shall be held a partner of the lessee. (1868-9, […]

§ 42-10 – Tenant not liable for accidental damage.

42-10. Tenant not liable for accidental damage. A tenant for life, or years, or for a less term, shall not be liable for damage occurring on the demised premises accidentally, and notwithstanding reasonable diligence on his part, unless he so contract. (1868-9, c. 156, s. 10; Code, s. 1751; Rev., s. 1991; C.S., s. 2350.)

§ 42-11 – Willful destruction by tenant misdemeanor.

42-11. Willful destruction by tenant misdemeanor. If any tenant shall, during his term or after its expiration, willfully and unlawfully demolish, destroy, deface, injure or damage any tenement house, uninhabited house or other outhouse, belonging to his landlord or upon his premises by removing parts thereof or by burning, or in any other manner, or […]

§ 42-12 – Lessee may surrender, where building destroyed or damaged.

42-12. Lessee may surrender, where building destroyed or damaged. If a demised house, or other building, is destroyed during the term, or so much damaged that it cannot be made reasonably fit for the purpose for which it was hired, except at an expense exceeding one year’s rent of the premises, and the damage or […]

§ 42-13 – Wrongful surrender to other than landlord misdemeanor.

42-13. Wrongful surrender to other than landlord misdemeanor. Any tenant or lessee of lands who shall willfully, wrongfully and with intent to defraud the landlord or lessor, give up the possession of the rented or leased premises to any person other than his landlord or lessor, shall be guilty of a Class 1 misdemeanor. (1883, […]

§ 42-14 – Notice to quit in certain tenancies.

42-14. Notice to quit in certain tenancies. A tenancy from year to year may be terminated by a notice to quit given one month or more before the end of the current year of the tenancy; a tenancy from month to month by a like notice of seven days; a tenancy from week to week, […]

§ 42-14.1 – Rent control.

42-14.1. Rent control. No county or city as defined by G.S. 160A-1 may enact, maintain, or enforce any ordinance or resolution which regulates the amount of rent to be charged for privately owned, single-family or multiple unit residential or commercial rental property. This section shall not be construed as prohibiting any county or city, or […]

§ 42-14.3 – Notice of conversion of manufactured home communities.

42-14.3. Notice of conversion of manufactured home communities. (a) In the event that an owner of a manufactured home community (defined as a parcel of land, whether undivided or subdivided, that has been designed to accommodate at least five manufactured homes) intends to convert the manufactured home community, or any part thereof, to another use […]

§ 42-14.4 – Notice to State Bar of attorney default on lease.

42-14.4. Notice to State Bar of attorney default on lease. (a) If a landlord has actual knowledge that a tenant is an attorney, the landlord shall deliver notice to the North Carolina State Bar (hereinafter "State Bar") at least 15 days prior to the destruction or discard of any "potentially confidential materials" remaining in the […]

§ 42-14.5 – Foreseeability not created by criminal record; no duty to screen.

42-14.5. Foreseeability not created by criminal record; no duty to screen. Notwithstanding any other duty or obligation which may be defined by this Chapter or otherwise provided by law or any theory of liability, the criminal record of any prospective or current residential lessee, occupant, or guest shall not make any future injury or damage […]

§ 42-2 – Attornment unnecessary on conveyance of reversions, etc.

42-2. Attornment unnecessary on conveyance of reversions, etc. Every conveyance of any rent, reversion, or remainder in lands, tenements or hereditaments, otherwise sufficient, shall be deemed complete without attornment by the holders of particular estates in said lands: Provided, no holder of a particular estate shall be prejudiced by any act done by him as […]

§ 42-3 – Term forfeited for nonpayment of rent.

42-3. Term forfeited for nonpayment of rent. In all verbal or written leases of real property of any kind in which is fixed a definite time for the payment of the rent reserved therein, there shall be implied a forfeiture of the term upon failure to pay the rent within 10 days after a demand […]

§ 42-4 – Recovery for use and occupation.

42-4. Recovery for use and occupation. When any person occupies land of another by the permission of such other, without any express agreement for rent, or upon a parol lease which is void, the landlord may recover a reasonable compensation for such occupation, and if by such parol lease a certain rent was reserved, such […]

§ 42-5 – Rent apportioned, where lease terminated by death.

42-5. Rent apportioned, where lease terminated by death. If a lease of land, in which rent is reserved, payable at the end of the year or other certain period of time, is determined by the death of any person during one of the periods in which the rent was growing due, the lessor or his […]

§ 42-9 – Agreement to rebuild, how construed in case of fire.

42-9. Agreement to rebuild, how construed in case of fire. An agreement in a lease to repair a demised house shall not be construed to bind the contracting party to rebuild or repair in case the house shall be destroyed or damaged to more than one half of its value, by accidental fire not occurring […]