reglab/housing_qa huggingface dataset:
NC Gen Stat § 42-34.1 (2021)
2021 North Carolina General Statutes|Chapter 42 - Landlord and Tenant|Article 3 - Summary Ejectment.|§ 42-34.1 - Rent pending execution of judgment; post bond pending appeal.

 42-34.1. Rent pending execution of judgment; post bond pending appeal.(a) If the judgment in district court is against the defendant appellant, it is sufficient to stay execution of the judgment during the 30-day time period for taking an appeal provided for in Rule 3 of the North Carolina Rules of Appellate Procedure if the defendant appellant posts a bond as provided in G.S. 42-34(b). No additional security under G.S. 1-292 is required. If the defendant appellant fails to make rental payments as provided in the undertaking within five business days of the day rent is due under the terms of the residential rental agreement, the clerk of superior court shall, upon application of the plaintiff appellee, immediately issue a writ of possession, and the sheriff shall dispossess the defendant appellant as provided in G.S. 42-36.2.(a1) If the judgment in district court is against the defendant appellant and the defendant appellant does not appeal the judgment, the defendant appellant shall pay rent to the plaintiff for the time the defendant appellant remains in possession of the premises after the judgment is given. Rent shall be prorated if the judgment is executed before the day rent would become due under the terms of the lease. The clerk of court shall disburse any rent in arrears paid by the defendant appellant in accordance with a stipulation executed by all parties or, if there is no stipulation, in accordance with the judge's order.(b) If the judgment in district court is against the defendant appellant and the defendant appellant appeals the judgment, it is sufficient to stay execution of the judgment if the defendant appellant posts a bond as provided in G.S. 42-34(b). No additional security under G.S. 1-292 is required. If the defendant appellant fails to perfect the appeal or the appellate court upholds the judgment of the district court, the execution of the judgment shall proceed. The clerk of court shall not disburse any rent in arrears paid by the defendant appellant until all appeals have been resolved.  (1998-125, s. 2; 2012-17, s. 1; 2021-47, s. 8; 2021-88, s. 5.)
NC Gen Stat § 42-35 (2021)
2021 North Carolina General Statutes|Chapter 42 - Landlord and Tenant|Article 3 - Summary Ejectment.|§ 42-35 - Restitution of tenant, if case quashed, etc., on appeal.

 42-35. Restitution of tenant, if case quashed, etc., on appeal.If the proceedings before the magistrate are brought before a district court and quashed, or judgment is given against the plaintiff, the district or other court in which final judgment is given shall, if necessary, restore the defendant to the possession, and issue such writs as are proper for that purpose. (1868-9, c. 156, s. 27; Code, s. 1774; Rev., s. 2009; C.S., s. 2374; 1971, c. 533, s. 9.)
NC Gen Stat § 42-36 (2021)
2021 North Carolina General Statutes|Chapter 42 - Landlord and Tenant|Article 3 - Summary Ejectment.|§ 42-36 - Damages to tenant for dispossession, if proceedings quashed, etc.

 42-36. Damages to tenant for dispossession, if proceedings quashed, etc.If, by order of the magistrate, the plaintiff is put in possession, and the proceedings shall afterwards be quashed or reversed, the defendant may recover damages of the plaintiff for his removal. (1868-9, c. 156, s. 30; Code, s. 1776; Rev., s. 2010; C.S., s. 2375; 1971, c. 533, s. 10.)
NC Gen Stat § 42-36.1 (2021)
2021 North Carolina General Statutes|Chapter 42 - Landlord and Tenant|Article 3 - Summary Ejectment.|§ 42-36.1 - Lease or rental of manufactured homes.

 42-36.1. Lease or rental of manufactured homes.The provisions of this Article shall apply to the lease or rental of manufactured homes, as defined in G.S. 143-145. (1971, c. 764; 1985, c. 487, s. 8.)
NC Gen Stat § 42-36.1A (2021)
2021 North Carolina General Statutes|Chapter 42 - Landlord and Tenant|Article 3 - Summary Ejectment.|§ 42-36.1A - Judgments for possession more than 30 days old.

 42-36.1A. Judgments for possession more than 30 days old.Prior to obtaining execution of a judgment that has been entered for more than 30 days for possession of demised premises, a landlord shall sign an affidavit stating that the landlord has neither entered into a formal lease with the defendant nor accepted rental money from the defendant for any period of time after entry of the judgment. (1995, c. 460, s. 7.)
NC Gen Stat § 42-36.3 (2021)
2021 North Carolina General Statutes|Chapter 42 - Landlord and Tenant|Article 3 - Summary Ejectment.|§ 42-36.3 - Death of residential tenant; landlord may file affidavit to remove personal property from the dwelling unit.

 42-36.3. Death of residential tenant; landlord may file affidavit to remove personal property from the dwelling unit.Notwithstanding any other provision of this Chapter, when a decedent who is the sole occupant of a dwelling unit dies leaving tangible personal property in the dwelling unit, the landlord may, instead of commencing a summary ejectment action, file an affidavit as provided in G.S. 28A-25-7.  (2012-17, s. 9.)
NC Gen Stat § 42-37.1 (2021)
2021 North Carolina General Statutes|Chapter 42 - Landlord and Tenant|Article 4A - Retaliatory Eviction.|§ 42-37.1 - Defense of retaliatory eviction.

 42-37.1. Defense of retaliatory eviction.(a) It is the public policy of the State of North Carolina to protect tenants and other persons whose residence in the household is explicitly or implicitly known to the landlord, who seek to exercise their rights to decent, safe, and sanitary housing. Therefore, the following activities of such persons are protected by law:(1) A good faith complaint or request for repairs to the landlord, his employee, or his agent about conditions or defects in the premises that the landlord is obligated to repair under G.S. 42-42;(2) A good faith complaint to a government agency about a landlord's alleged violation of any health or safety law, or any regulation, code, ordinance, or State or federal law that regulates premises used for dwelling purposes;(3) A government authority's issuance of a formal complaint to a landlord concerning premises rented by a tenant;(4) A good faith attempt to exercise, secure or enforce any rights existing under a valid lease or rental agreement or under State or federal law; or(5) A good faith attempt to organize, join, or become otherwise involved with, any organization promoting or enforcing tenants' rights.(b) In an action for summary ejectment pursuant to G.S. 42-26, a tenant may raise the affirmative defense of retaliatory eviction and may present evidence that the landlord's action is substantially in response to the occurrence within 12 months of the filing of such action of one or more of the protected acts described in subsection (a) of this section.(c) Notwithstanding subsections (a) and (b) of this section, a landlord may prevail in an action for summary ejectment if:(1) The tenant breached the covenant to pay rent or any other substantial covenant of the lease for which the tenant may be evicted, and such breach is the reason for the eviction; or(2) In a case of a tenancy for a definite period of time where the tenant has no option to renew the lease, the tenant holds over after expiration of the term; or(3) The violation of G.S. 42-42 complained of was caused primarily by the willful or negligent conduct of the tenant, member of the tenant's household, or their guests or invitees; or(4) Compliance with the applicable building or housing code requires demolition or major alteration or remodeling that cannot be accomplished without completely displacing the tenant's household; or(5) The landlord seeks to recover possession on the basis of a good faith notice to quit the premises, which notice was delivered prior to the occurrence of any of the activities protected by subsections (a) and (b) of this section; or(6) The landlord seeks in good faith to recover possession at the end of the tenant's term for use as the landlord's own abode, to demolish or make major alterations or remodeling of the dwelling unit in a manner that requires the complete displacement of the tenant's household, or to terminate for at least six months the use of the property as a rental dwelling unit. (1979, c. 807.)
NC Gen Stat § 42-37.2 (2021)
2021 North Carolina General Statutes|Chapter 42 - Landlord and Tenant|Article 4A - Retaliatory Eviction.|§ 42-37.2 - Remedies.

 42-37.2. Remedies.(a) If the court finds that an ejectment action is retaliatory, as defined by this Article, it shall deny the request for ejectment; provided, that a dismissal of the request for ejectment shall not prevent the landlord from receiving payments for rent due or any other appropriate judgment.(b) The rights and remedies created by this Article are supplementary to all existing common law and statutory rights and remedies. (1979, c. 807.)
NC Gen Stat § 42-37.3 (2021)
2021 North Carolina General Statutes|Chapter 42 - Landlord and Tenant|Article 4A - Retaliatory Eviction.|§ 42-37.3 - Waiver.

 42-37.3. Waiver.Any waiver by a tenant or a member of his household of the rights and remedies created by this Article is void as contrary to public policy. (1979, c. 807.)
NC Gen Stat § 42-38 (2021)
2021 North Carolina General Statutes|Chapter 42 - Landlord and Tenant|Article 5 - Residential Rental Agreements.|§ 42-38 - Application.

 42-38. Application.This Article determines the rights, obligations, and remedies under a rental agreement for a dwelling unit within this State. (1977, c. 770, s. 1.)
NC Gen Stat § 42-39 (2021)
2021 North Carolina General Statutes|Chapter 42 - Landlord and Tenant|Article 5 - Residential Rental Agreements.|§ 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 Article shall apply to any dwelling furnished without charge or rent. (1973, c. 476, s. 128; 1977, c. 770, ss. 1, 2; 1999-420, s. 3; 2007-182, s. 2.)
NC Gen Stat § 42-40 (2021)
2021 North Carolina General Statutes|Chapter 42 - Landlord and Tenant|Article 5 - Residential Rental Agreements.|§ 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 therein and grounds, areas, and facilities normally held out for the use of residential tenants.(3) "Landlord" means any owner and any rental management company, rental agency, or any other person having the actual or apparent authority of an agent to perform the duties imposed by this Article.(4) "Protected tenant" means a tenant or household member who is a victim of domestic violence under Chapter 50B of the General Statutes or sexual assault or stalking under Chapter 14 of the General Statutes. (1977, c. 770, s. 1; 1979, c. 880, ss. 1, 2; 1999-420, s. 2; 2005-423, s. 5.)
NC Gen Stat § 42-41 (2021)
2021 North Carolina General Statutes|Chapter 42 - Landlord and Tenant|Article 5 - Residential Rental Agreements.|§ 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.)
NC Gen Stat § 42-42.1 (2021)
2021 North Carolina General Statutes|Chapter 42 - Landlord and Tenant|Article 5 - Residential Rental Agreements.|§ 42-42.1 - Water, electricity, and natural gas conservation.

 42-42.1. Water, electricity, and natural gas conservation.(a) For the purpose of encouraging water, electricity, and natural gas conservation, pursuant to a written rental agreement, a lessor may charge for the cost of providing water or sewer service to lessees pursuant to G.S. 62-110(g), electric service pursuant to G.S. 62-110(h), natural gas service pursuant to G.S. 62-110(i), or for electricity or natural gas used by a central system pursuant to G.S. 62-110(j).(b) The lessor may not disconnect or terminate the lessee's electric service, water or sewer services, or natural gas service, nor may the landlord terminate the lessee's receipt of the benefits of the use of a central system, due to the lessee's nonpayment of the amount due for electric service, water or sewer services, or natural gas service.  (2004-143, s. 4; 2011-252, s. 2; 2017-10, s. 2.2(a); 2017-172, s. 1; 2021-23, s. 27(a).)
NC Gen Stat § 42-42.2 (2021)
2021 North Carolina General Statutes|Chapter 42 - Landlord and Tenant|Article 5 - Residential Rental Agreements.|§ 42-42.2 - Victim protection - nondiscrimination.

 42-42.2. Victim protection - nondiscrimination.A landlord shall not terminate a tenancy, fail to renew a tenancy, refuse to enter into a rental agreement, or otherwise retaliate in the rental of a dwelling based substantially on: (i) the tenant, applicant, or a household member's status as a victim of domestic violence, sexual assault, or stalking; or (ii) the tenant or applicant having terminated a rental agreement under G.S. 42-45.1. Evidence provided to the landlord of domestic violence, sexual assault, or stalking may include any of the following:(1) Law enforcement, court, or federal agency records or files.(2) Documentation from a domestic violence or sexual assault program.(3) Documentation from a religious, medical, or other professional. (2005-423, s. 6.)
NC Gen Stat § 42-42.3 (2021)
2021 North Carolina General Statutes|Chapter 42 - Landlord and Tenant|Article 5 - Residential Rental Agreements.|§ 42-42.3 - Victim protection - change locks.

 42-42.3. Victim protection - change locks.(a) If the perpetrator of domestic violence, sexual assault, or stalking is not a tenant in the same dwelling unit as the protected tenant, a tenant of a dwelling may give oral or written notice to the landlord that a protected tenant is a victim of domestic violence, sexual assault, or stalking and may request that the locks to the dwelling unit be changed. A protected tenant is not required to provide documentation of the domestic violence, sexual assault, or stalking to initiate the changing of the locks, pursuant to this subsection. A landlord who receives a request under this subsection shall change the locks to the protected tenant's dwelling unit or give the protected tenant permission to change the locks within 48 hours.(b) If the perpetrator of the domestic violence, sexual assault, or stalking is a tenant in the same dwelling unit as the victim, any tenant or protected tenant of a dwelling unit may give oral or written notice to the landlord that a protected tenant is a victim of domestic violence, sexual assault, or stalking and may request that the locks to the dwelling unit be changed. In these circumstances, the following shall apply:(1) Before the landlord or tenant changes the locks under this subsection, the tenant must provide the landlord with a copy of an order issued by a court that orders the perpetrator to stay away from the dwelling unit.(2) Unless a court order allows the perpetrator to return to the dwelling to retrieve personal belongings, the landlord has no duty under the rental agreement or by law to allow the perpetrator access to the dwelling unit, to provide keys to the perpetrator, or to provide the perpetrator access to the perpetrator's personal property within the dwelling unit once the landlord has been provided with a court order requiring the perpetrator to stay away from the dwelling. If a landlord complies with this section, the landlord is not liable for civil damages, to a perpetrator excluded from the dwelling unit, for loss of use of the dwelling unit or loss of use or damage to the perpetrator's personal property.(3) The perpetrator who has been excluded from the dwelling unit under this subsection remains liable under the lease with any other tenant of the dwelling unit for rent or damages to the dwelling unit.A landlord who receives a request under this subsection shall change the locks to the protected tenant's dwelling unit or give the protected tenant permission to change the locks within 72 hours.(c) The protected tenant shall bear the expense of changing the locks. If a landlord fails to act within the required time, the protected tenant may change the locks without the landlord's permission. If the protected tenant changes the locks, the protected tenant shall give a key to the new locks to the landlord within 48 hours of the locks being changed. (2005-423, s. 6.)
NC Gen Stat § 42-43 (2021)
2021 North Carolina General Statutes|Chapter 42 - Landlord and Tenant|Article 5 - Residential Rental Agreements.|§ 42-43 - Tenant to maintain dwelling unit.

 42-43. Tenant to maintain dwelling unit.(a) The tenant shall:(1) Keep that part of the premises that the tenant occupies and uses as clean and safe as the conditions of the premises permit and cause no unsafe or unsanitary conditions in the common areas and remainder of the premises that the tenant uses.(2) Dispose of all ashes, rubbish, garbage, and other waste in a clean and safe manner.(3) Keep all plumbing fixtures in the dwelling unit or used by the tenant as clean as their condition permits.(4) Not deliberately or negligently destroy, deface, damage, or remove any part of the premises, nor render inoperable the smoke alarm or carbon monoxide alarm provided by the landlord, or knowingly permit any person to do so.(5) Comply with any and all obligations imposed upon the tenant by current applicable building and housing codes.(6) Be responsible for all damage, defacement, or removal of any property inside a dwelling unit in the tenant's exclusive control unless the damage, defacement or removal was due to ordinary wear and tear, acts of the landlord or the landlord's agent, defective products supplied or repairs authorized by the landlord, acts of third parties not invitees of the tenant, or natural forces.(7) Notify the landlord, in writing, of the need for replacement of or repairs to a smoke alarm or carbon monoxide alarm. The landlord shall ensure that a smoke alarm and carbon monoxide alarm are operable and in good repair at the beginning of each tenancy. Unless the landlord and the tenant have a written agreement to the contrary, the landlord shall place new batteries in a battery-operated smoke alarm and battery-operated carbon monoxide alarm at the beginning of a tenancy and the tenant shall replace the batteries as needed during the tenancy, except where the smoke alarm is a tamper-resistant, 10-year lithium battery smoke alarm as required by G.S. 42-42(a)(5a). Failure of the tenant to replace the batteries as needed shall not be considered as negligence on the part of the tenant or the landlord.(b) The landlord shall notify the tenant in writing of any breaches of the tenant's obligations under this section except in emergency situations.  (1977, c. 770, s. 1; 1995, c. 111, s. 3; 1998-212, s. 17.16(j); 2008-219, s. 3; 2012-92, s. 2.)
NC Gen Stat § 42-44 (2021)
2021 North Carolina General Statutes|Chapter 42 - Landlord and Tenant|Article 5 - Residential Rental Agreements.|§ 42-44 - General remedies, penalties, and limitations.

 42-44. General remedies, penalties, and limitations.(a) Any right or obligation declared by this Chapter is enforceable by civil action, in addition to other remedies of law and in equity.(a1) If a landlord fails to provide, install, replace, or repair a smoke alarm under the provisions of G.S. 42-42(a)(5) or a carbon monoxide alarm under the provisions of G.S. 42-42(a)(7) within 30 days of having received written notice from the tenant or any agent of State or local government of the landlord's failure to do so, the landlord shall be responsible for an infraction and shall be subject to a fine of not more than two hundred fifty dollars ($250.00) for each violation. After December 31, 2012, if the landlord installs a new smoke alarm or replaces an existing smoke alarm, the smoke alarm shall be a tamper-resistant, 10-year lithium battery smoke alarm, except as provided in G.S. 42-42(a)(5a). The landlord may temporarily disconnect a smoke alarm or carbon monoxide alarm in a dwelling unit or common area for construction or rehabilitation activities when such activities are likely to activate the smoke alarm or carbon monoxide alarm or make it inactive.(a2) If a smoke alarm or carbon monoxide alarm is disabled or damaged, other than through actions of the landlord, the landlord's agents, or acts of God, the tenant shall reimburse the landlord the reasonable and actual cost for repairing or replacing the smoke alarm or carbon monoxide alarm within 30 days of having received written notice from the landlord or any agent of State or local government of the need for the tenant to make such reimbursement. If the tenant fails to make reimbursement within 30 days, the tenant shall be responsible for an infraction and subject to a fine of not more than one hundred dollars ($100.00) for each violation. The tenant may temporarily disconnect a smoke alarm or carbon monoxide alarm in a dwelling unit to replace the batteries or when it has been inadvertently activated.(b) Repealed by Session Laws 1979, c. 820, s. 8.(c) The tenant may not unilaterally withhold rent prior to a judicial determination of a right to do so.(c1) A real estate broker or firm as defined in G.S. 93A-2 managing a rental property on behalf of a landlord shall not be personally liable as a party in a civil action between the landlord and tenant solely because the real estate broker or firm fails to identify the landlord of the property in the rental agreement.(d) A violation of this Article shall not constitute negligence per se.  (1977, c. 770, s. 1; 1979, c. 820, s. 8; 1998-212, s. 17.16(k); 2008-219, s. 4; 2012-92, s. 3; 2016-98, s. 1.6.)