Key North Carolina Housing Statutes
Understanding the law is the first step to understanding your rights. This page provides plain-language explanations for some of the most important North Carolina General Statutes (N.C. Gen. Stat.) related to landlord-tenant issues. You can use the links to view the full, official text of the law.
Important Disclaimer: This page is for informational purposes only and is not a substitute for legal advice from a qualified attorney. Legal statutes can be complex, and how they apply depends on the specific facts of your situation. We have simplified the language for clarity, but the official text linked is the law.
On This Page: Key Statutes
N.C. General Statute § 42-42: Landlord's Duties (A Safe & Habitable Home)
Plain-Language Explanation: This is one of the most important laws for tenants. It establishes the "implied warranty of habitability," meaning your landlord must provide you with a rental property that is safe, fit, and livable. This includes keeping plumbing, heating, and electrical systems in good working order; keeping common areas safe; and making necessary repairs to maintain these conditions.
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N.C. General Statute § 42-43: Tenant's Duties
Plain-Language Explanation: This law outlines your responsibilities as a tenant. These duties include keeping your unit clean and safe, properly disposing of trash, not damaging the property beyond normal wear and tear, keeping plumbing fixtures clean, and notifying your landlord in writing when repairs are needed.
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N.C. General Statute § 42-3: 10-Day Demand for Rent
Plain-Language Explanation: This law states that if you fall behind on rent, your landlord must first make a clear demand for the rent (usually in writing) and give you at least 10 days to pay it before they can file an eviction lawsuit ("summary ejectment") against you in court. This notice is a required first step in most non-payment of rent evictions.
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N.C. General Statute § 42-14: Notice to End a Lease
Plain-Language Explanation: This statute sets the minimum notice periods required to terminate a tenancy when the lease itself doesn't specify. For a month-to-month lease, the notice period is 7 days. For a week-to-week lease, it's 2 days. For a year-to-year lease, it's one month before the end of the current year of the tenancy.
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N.C. General Statute § 42-25.9: Illegal Evictions & Handling Tenant Property
Plain-Language Explanation: This important law makes it illegal for a landlord to try to evict you themselves without a court order—this is called a "self-help" eviction. They cannot change your locks, shut off your utilities, or remove your belongings to force you out. This law also outlines the specific procedures a landlord must follow for handling any personal property you leave behind after a legal eviction by the sheriff.
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N.C. General Statute § 42-51 & § 42-52: Security Deposit Rules
Plain-Language Explanation: These laws govern security deposits. **§ 42-51** sets the maximum amount a landlord can charge (e.g., up to 1.5 months' rent for a month-to-month lease, or 2 months' rent for leases longer than that). **§ 42-52** explains what a landlord can use the deposit for (like unpaid rent and damages beyond normal wear and tear) and requires them to return your deposit or provide a written, itemized list of deductions within 30 days of you moving out.
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N.C. General Statute § 42-37.1: Retaliatory Eviction
Plain-Language Explanation: This law protects tenants from being evicted in retaliation for exercising their legal rights. For example, a landlord generally cannot evict you because you requested necessary repairs, complained to a housing inspector, or joined a tenants' union. To be protected, you typically must be current on your rent.
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