reglab/statecodes huggingface dataset:
2023 North Carolina General Statutes › Chapter 42 - Landlord and Tenant › Article 6 - Tenant Security Deposit Act. › § 42-55 - Remedies.

§ 42-55. Remedies.
If the landlord or the landlord's successor in interest fails to account for and refund the balance of the tenant's security deposit as required by this Article, the tenant may institute a civil action to require the accounting of and the recovery of the balance of the deposit. The willful failure of a landlord to comply with the deposit, bond, or notice requirements of this Article shall void the landlord's right to retain any portion of the tenant's security deposit as otherwise permitted under G.S. 42-51. In addition to other remedies at law and equity, the tenant may recover damages resulting from noncompliance by the landlord; and upon a finding by the court that the party against whom judgment is rendered was in willful noncompliance with this Article, such willful noncompliance is against the public policy of this State and the court may award attorney's fees to be taxed as part of the costs of court. (1977, c. 914, s. 1; 2009-279, s. 6.)
2023 North Carolina General Statutes › Chapter 42 - Landlord and Tenant › Article 6 - Tenant Security Deposit Act. › § 42-56 - Application of Article.

§ 42-56. Application of Article.
The provisions of this Article shall apply to all persons, firms, or corporations engaged in the business of renting or managing residential dwelling units, excluding single rooms, on a weekly, monthly or annual basis. (1977, c. 914, s. 2.)
2023 North Carolina General Statutes › Chapter 42 - Landlord and Tenant › Article 7 - Expedited Eviction of Drug Traffickers and Other Criminals. › § 42-59 - Definitions.

§ 42-59. Definitions.
As used in this Article:
(1) "Complete eviction" means the eviction and removal of a tenant and all members of the tenant's household.
(2) "Criminal activity" means (i) activity that would constitute a violation of G.S. 90-95 other than a violation of G.S. 90-95(a)(3), or a conspiracy to violate any provision of G.S. 90-95 other than G.S. 90-95(a)(3); or (ii) other criminal activity that threatens the health, safety, or right of peaceful enjoyment of the entire premises by other residents or employees of the landlord.
(3) "Entire premises" or "leased residential premises" means a house, building, mobile home, or apartment, whether publicly or privately owned, which is leased for residential purposes. These terms include the entire building or complex of buildings or mobile home park and all real property of any nature appurtenant thereto and used in connection therewith, including all individual rental units, streets, sidewalks, and common areas. These terms do not include a hotel, motel, or other guest house or part thereof rented to a transient guest.
(4) "Felony" means a criminal offense that constitutes a felony under North Carolina law.
(5) "Guest" means any natural person who has been given express or implied permission by a tenant, a member of the tenant's household, or another guest of the tenant to enter an individual rental unit or any portion of the entire premises.
(6) "Individual rental unit" means an apartment or individual dwelling or accommodation which is leased to a particular tenant, whether or not it is used or occupied or intended to be used or occupied by a single family or household.
(7) "Landlord" means a person, entity, corporation, or governmental authority or agency who or which owns, operates, or manages any leased residential premises.
(8) "Partial eviction" means the eviction and removal of specified persons from a leased residential premises.
(9) "Resident" means any natural person who lawfully resides in a leased residential premises who is not a signatory to a lease or otherwise has no contractual relationship to a landlord. The term includes members of the household of a tenant.
(10) "Tenant" means any natural person or entity who is a named party or signatory to a lease or rental agreement, and who occupies, resides in, or has a legal right to possess and use an individual rental unit. (1995, c. 419, s. 1.)
2023 North Carolina General Statutes › Chapter 42 - Landlord and Tenant › Article 7 - Expedited Eviction of Drug Traffickers and Other Criminals. › § 42-59.1 - Statement of Public Policy.

§ 42-59.1. Statement of Public Policy.
The General Assembly recognizes that the residents of this State have the right to the peaceful, safe, and quiet enjoyment of their homes. The General Assembly further recognizes that these rights, as well as the health, safety, and welfare of residents, are often jeopardized by the criminal activity of other residents of rented residential property, but that landlords are often unable to remove those residents engaged in criminal activity. In order to ensure that residents of this State can have the peaceful, safe, and quiet enjoyment of their homes, the provisions of this Article are deemed to apply to all residential rental agreements in this State. (1995, c. 419, s. 1.)
2023 North Carolina General Statutes › Chapter 42 - Landlord and Tenant › Article 7 - Expedited Eviction of Drug Traffickers and Other Criminals. › § 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 claim, the parties shall not be entitled to discovery from the magistrate. However, if such a case is filed originally in the district court or is appealed from the judgment of a magistrate for a new trial in the district court, all of the procedures and remedies in this Article shall be applicable. (1995, c. 419, s. 1.)
2023 North Carolina General Statutes › Chapter 42 - Landlord and Tenant › Article 7 - Expedited Eviction of Drug Traffickers and Other Criminals. › § 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.)
2023 North Carolina General Statutes › Chapter 42 - Landlord and Tenant › Article 7 - Expedited Eviction of Drug Traffickers and Other Criminals. › § 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 action pursuant to this Article may be brought against any person within the jurisdiction of the court, including a tenant, adult or minor member of the tenant's household, guest, or resident of the leased residential premises. If any defendant's true name is unknown to the plaintiff, process may issue against the defendant under a fictitious name, stating it to be fictitious and adding an appropriate description sufficient to identify him or her.
(c) Notice to Defendants. – A complaint initiating an action pursuant to this Article shall be served in the same manner as serving complaints in civil actions pursuant to G.S. 1A-1, Rule 4 and G.S. 42-29. (1995, c. 419, s. 1.)
2023 North Carolina General Statutes › Chapter 42 - Landlord and Tenant › Article 7 - Expedited Eviction of Drug Traffickers and Other Criminals. › § 42-63 - Remedies and judicial orders.

§ 42-63. Remedies and judicial orders.
(a) Grounds for Complete Eviction. – Subject to the provisions of G.S. 42-64 and pursuant to G.S 42-68, the court shall order the immediate eviction of a tenant and all other residents of the tenant's individual unit where it finds that:
(1) Criminal activity has occurred on or within the individual rental unit leased to the tenant; or
(2) The individual rental unit leased to the tenant was used in any way in furtherance of or to promote criminal activity; or
(3) The tenant, any member of the tenant's household, or any guest has engaged in criminal activity on or in the immediate vicinity of any portion of the entire premises; or
(4) The tenant has given permission to or invited a person to return or reenter any portion of the entire premises, knowing that the person has been removed and barred from the entire premises pursuant to this Article or the reasonable rules and regulations of a publicly assisted landlord; or
(5) The tenant has failed to notify law enforcement or the landlord immediately upon learning that a person who has been removed and barred from the tenant's individual rental unit pursuant to this Article has returned to or reentered the tenant's individual rental unit.
(b) Grounds for Partial Eviction and Issuance of Removal Orders. – The court shall, subject to the provisions of G.S. 42-64, order the immediate removal from the entire premises of any person other than the tenant, including an adult or minor member of the tenant's household, where the court finds that such person has engaged in criminal activity on or in the immediate vicinity of any portion of the leased residential premises. Persons removed pursuant to this section shall be barred from returning to or reentering any portion of the entire premises.
(c) Conditional Eviction Orders Directed Against the Tenant. – Where the court finds that a member of the tenant's household or a guest of the tenant has engaged in criminal activity on or in the immediate vicinity of any portion of the leased residential premises, but such person has not been named as a party defendant, has not appeared in the action or otherwise has not been subjected to the jurisdiction of the court, a conditional eviction order issued pursuant to subsection (b) of this section shall be directed against the tenant, and shall provide that as an express condition of the tenancy, the tenant shall not give permission to or invite the barred person or persons to return to or reenter any portion of the entire premises. The tenant shall acknowledge in writing that the tenant understands the terms of the court's order, and that the tenant further understands that the failure to comply with the court's order will result in the mandatory termination of the tenancy pursuant to G.S. 42-68. (1995, c. 419, s. 1.)
2023 North Carolina General Statutes › Chapter 42 - Landlord and Tenant › Article 7 - Expedited Eviction of Drug Traffickers and Other Criminals. › § 42-64 - Affirmative defense or exemption to a complete eviction.

§ 42-64. Affirmative defense or exemption to a complete eviction.
(a) Affirmative Defense. – The court shall refrain from ordering the complete eviction of a tenant pursuant to G.S. 42-63(a) where the tenant has established that the tenant was not involved in the criminal activity and that:
(1) The tenant did not know or have reason to know that criminal activity was occurring or would likely occur on or within the individual rental unit, that the individual rental unit was used in any way in furtherance of or to promote criminal activity, or that any member of the tenant's household or any guest has engaged in criminal activity on or in the immediate vicinity of any portion of the entire premises; or
(2) The tenant had done everything that could reasonably be expected under the circumstances to prevent the commission of the criminal activity, such as requesting the landlord to remove the offending household member's name from the lease, reporting prior criminal activity to appropriate law enforcement authorities, seeking assistance from social service or counseling agencies, denying permission, if feasible, for the offending household member to reside in the unit, or seeking assistance from church or religious organizations.
Notwithstanding the court's denial of eviction of the tenant, if the plaintiff has proven that an evictable offense under G.S. 42-63 was committed by someone other than the tenant, the court shall order such other relief as the court deems appropriate to protect the interests of the landlord and neighbors of the tenant, including the partial eviction of the culpable household members pursuant to G.S. 42-63(b) and conditional eviction orders under G.S. 42-63(c).
(b) Subsequent Affirmative Defense to a Complete Eviction. – The affirmative defense set forth in subsection (a) of this section shall not be available to a tenant in a subsequent action brought pursuant to this Article unless the tenant can establish by clear and convincing evidence that no reasonable person could have foreseen the occurrence of the subsequent criminal activity or that the tenant had done everything reasonably expected under the circumstances to prevent the commission of the second criminal activity.
(c) Exemption. – Where the grounds for a complete eviction have been established, the court shall order the eviction of the tenant unless, taking into account the circumstances of the criminal activity and the condition of the tenant, the court is clearly convinced that immediate eviction or removal would be a serious injustice, the prevention of which overrides the need to protect the rights, safety, and health of the other tenants and residents of the leased residential premises. The burden of proof for the exemption set forth shall be by clear and convincing evidence. (1995, c. 419, s. 1.)
2023 North Carolina General Statutes › Chapter 42 - Landlord and Tenant › Article 7 - Expedited Eviction of Drug Traffickers and Other Criminals. › § 42-65 - Obstructing the execution or enforcement of a removal or eviction order.

§ 42-65. Obstructing the execution or enforcement of a removal or eviction order.
Any person who knowingly violates any order issued pursuant to this Article or who knowingly interferes with, obstructs, impairs, or prevents any law enforcement officer from enforcing or executing any order issued pursuant to this Article, shall be subject to criminal contempt under Article 1 of Chapter 5A of the General Statutes. Nothing in this section shall be construed in any way to preclude or preempt prosecution for any other criminal offense. (1995, c. 419, s. 1.)
2023 North Carolina General Statutes › Chapter 42 - Landlord and Tenant › Article 7 - Expedited Eviction of Drug Traffickers and Other Criminals. › § 42-66 - Motion to enforce eviction and removal orders.

§ 42-66. Motion to enforce eviction and removal orders.
(a) A motion to enforce an eviction or removal order issued pursuant to G.S. 42-63(b) or (c) shall be heard on an expedited basis and within 15 days of the service of the motion.
(b) Mandatory Eviction. – The court shall order the immediate eviction of the tenant where it finds that:
(1) The tenant has given permission to or invited any person removed or barred from the leased residential premises pursuant to this Article to return to or reenter any portion of the premises; or
(2) The tenant has failed to notify appropriate law enforcement authorities or the landlord immediately upon learning that any person who had been removed and barred pursuant to this Article has returned to or reentered the tenant's individual rental unit; or
(3) The tenant has otherwise knowingly violated an express term or condition of any order issued by court pursuant to this Article. (1995, c. 419, s. 1.)
2023 North Carolina General Statutes › Chapter 42 - Landlord and Tenant › Article 7 - Expedited Eviction of Drug Traffickers and Other Criminals. › § 42-67 - Impermissible defense.

§ 42-67. Impermissible defense.
It shall not be a defense to an action brought pursuant to this Article that the criminal activity was an isolated incident or otherwise has not recurred. Nor is it a defense that the person who actually engaged in the criminal activity no longer resides in the tenant's individual rental unit. However, evidence of such facts may be admissible if offered to support affirmative defenses or grounds for an exemption pursuant to G.S. 42-64. (1995, c. 419, s. 1.)
2023 North Carolina General Statutes › Chapter 42 - Landlord and Tenant › Article 7 - Expedited Eviction of Drug Traffickers and Other Criminals. › § 42-68 - Expedited proceedings.

§ 42-68. Expedited proceedings.
Where the complaint is filed as a small claim, the expedited process for summary ejectment, as provided in Article 3 of this Chapter and Chapter 7A of the General Statutes, applies. Where the complaint is filed initially in the district court or a judgment by the magistrate is appealed to the district court, the procedure in G.S. 42-34(b) through (g), if applicable, and the following procedures apply:
(1) Expedited Hearing. – When a complaint is filed initiating an action pursuant to this Article, the court shall set the matter for a hearing which shall be held on an expedited basis and within the first term of court falling after 30 days from the service of the complaint on all defendants or from service of notice of appeal from a magistrate's judgment, unless either party obtains a continuance. However, where a defendant files a counterclaim, the court shall reset the trial for the first term of court falling after 30 days from the defendant's service of the counterclaim.
(2) Standards for Continuances. – The court shall not grant a continuance, nor shall it stay the civil proceedings pending the disposition of any related criminal proceedings, except as required to complete permitted discovery, to have the plaintiff reply to a counterclaim, or for compelling and extraordinary reasons or on application of the district attorney for good cause shown.
(3) When Presented. – The defendant in an action brought in district court pursuant to this Article shall serve an answer within 20 days after service of the summons and complaint, or within 20 days after service of the appeal to district court when the action was initially brought in small claims court. The plaintiff shall serve a reply to a counterclaim in the answer within 20 days after service of the answer.
(4) Extensions of Time for Filing. – The parties to an action brought pursuant to this Article shall not be entitled to an extension of time for completing an act required by subdivision (3) of this section, except for compelling and extraordinary reasons.
(5) Default. – A party to an action brought pursuant to this Article who fails to plead in accordance with the time periods in subdivision (3) of this section shall be subject to the provisions of G.S. 1A-1, Rule 55.
(6) Rules of Civil Procedure. – Unless otherwise provided for in this Article, G.S. 1A-1, the Rules of Civil Procedure, shall apply in the district court to all actions brought pursuant to this Article. (1995, c. 419, s. 1.)
2023 North Carolina General Statutes › Chapter 42 - Landlord and Tenant › Article 7 - Expedited Eviction of Drug Traffickers and Other Criminals. › § 42-69 - Relation to criminal proceedings.

§ 42-69. Relation to criminal proceedings.
(a) Criminal Proceedings, Conviction, or Adjudication Not Required. – The fact that a criminal prosecution involving the criminal activity is not commenced or, if commenced, has not yet been concluded or has terminated without a conviction or adjudication of delinquency shall not preclude a civil action or the issuance of any order pursuant to this Article.
(b) Effect of Conviction or Adjudication. – Where a criminal prosecution involving the criminal activity results in a final criminal conviction or adjudication of delinquency, such adjudication or conviction shall be considered in the civil action as conclusive proof that the criminal activity occurred.
(c) Admissibility of Criminal Trial Recordings or Transcripts. – Any evidence or testimony admitted in the criminal proceeding, including recordings or transcripts of the adult or juvenile criminal proceedings, whether or not they have been transcribed, may be admitted in the civil action initiated pursuant to this Article.
(d) Use of Sealed Criminal Proceeding Records. – In the event that the evidence or records of a criminal proceeding which did not result in a conviction or adjudication of delinquency have been sealed by court order, the court in a civil action brought pursuant to this Article may order such evidence or records, whether or not they have been transcribed, to be unsealed if the court finds that such evidence or records would be relevant to the fair disposition of the civil action. (1995, c. 419, s. 1.)
2023 North Carolina General Statutes › Chapter 42 - Landlord and Tenant › Article 7 - Expedited Eviction of Drug Traffickers and Other Criminals. › § 42-70 - Discovery.

§ 42-70. Discovery.
(a) The parties to an action brought pursuant to this Article shall be entitled to conduct discovery, if the action is filed originally in or appealed to the district court, only in accordance with this section.
(b) Any defendant must initiate all discovery within the time allowed by this Article for the filing of an answer or counterclaim.
(c) The plaintiff must initiate all discovery within 20 days of service of an answer or counterclaim by a defendant.
(d) All parties served with interrogatories, requests for production of documents, and requests for admissions under G.S. 1A-1, Rules 33, 34, and 36 shall serve their responses within 20 days.
(e) Upon application by the plaintiff, or agreement of the parties, the court shall issue a preliminary injunction against all alleged illegal activity by the defendant or other identified parties who are residents of the individual rental unit or guests of defendants, pending the completion of discovery and any other wait before the trial has occurred. (1995, c. 419, s. 1.)
2023 North Carolina General Statutes › Chapter 42 - Landlord and Tenant › Article 7 - Expedited Eviction of Drug Traffickers and Other Criminals. › § 42-71 - Protection of threatened witnesses or affiants.

§ 42-71. Protection of threatened witnesses or affiants.
If proof necessary to establish the grounds for eviction depends, in whole or in part, upon the affidavits or testimony of witnesses who are not peace officers, the court may, upon a showing of prior threats of violence or acts of violence by any defendant or any other person, issue orders to protect those witnesses, including the nondisclosure of the name, address, or any other information which may identify those witnesses. (1995, c. 419, s. 1.)
2023 North Carolina General Statutes › Chapter 42 - Landlord and Tenant › Article 7 - Expedited Eviction of Drug Traffickers and Other Criminals. › § 42-72 - Availability of law enforcement resources to plaintiffs or potential plaintiffs.

§ 42-72. Availability of law enforcement resources to plaintiffs or potential plaintiffs.
A law enforcement agency may make available to any person or entity authorized to bring an action pursuant to this Article any police report or edited portion thereof, or forensic laboratory report or edited portion thereof, concerning criminal activity committed on or in the immediate vicinity of the leased residential premises. A law enforcement agency may also make any officer or officers available to testify as a fact witness or expert witness in a civil action brought pursuant to this Article. The agency shall not disclose such information where, in the agency's opinion, such disclosure would jeopardize an investigation, prosecution, or other proceeding, or where such disclosure would violate any federal or State statute. (1995, c. 419, s. 1.)
2023 North Carolina General Statutes › Chapter 42 - Landlord and Tenant › Article 7 - Expedited Eviction of Drug Traffickers and Other Criminals. › § 42-73 - Collection of rent.

§ 42-73. Collection of rent.
A landlord shall be entitled to collect rent due and owing with knowledge of any illegal acts that violate the provisions of this act without such collection constituting a waiver of the alleged defaults. (1995, c. 419, s. 1.)
2023 North Carolina General Statutes › Chapter 42 - Landlord and Tenant › Article 7 - Expedited Eviction of Drug Traffickers and Other Criminals. › § 42-74 - Preliminary or emergency relief.

§ 42-74. Preliminary or emergency relief.
The district court shall have the authority at any time to issue a temporary restraining order, grant a preliminary injunction, or take such other actions as the court deems necessary to enjoin or prevent the commission of criminal activity on or in the immediate vicinity of leased residential premises, or otherwise to protect the rights and interests of all tenants and residents. A violation of any such duly issued order or preliminary relief shall subject the violator to civil or criminal contempt. (1995, c. 419, s. 1.)
2023 North Carolina General Statutes › Chapter 42 - Landlord and Tenant › Article 7 - Expedited Eviction of Drug Traffickers and Other Criminals. › § 42-75 - Cumulative remedies.

§ 42-75. Cumulative remedies.
The causes of action and remedies authorized by this Article shall be cumulative with each other and shall be in addition to, not in lieu of, any other causes of action or remedies which may be available at law or equity, including causes of action and remedies based on express provisions of the lease not contrary to this Article. (1995, c. 419, s. 1.)
2023 North Carolina General Statutes › Chapter 42 - Landlord and Tenant › Article 7 - Expedited Eviction of Drug Traffickers and Other Criminals. › § 42-76 - Civil immunity.

§ 42-76. Civil immunity.
Any person or organization who, in good faith, institutes, participates in, or encourages a person or entity to institute or participate in a civil action brought pursuant to this Article, or who in good faith provides any information relied upon by any person or entity in instituting or participating in a civil action pursuant to this Article shall have immunity from any civil liability that might otherwise be incurred or imposed. Any such person or organization shall have the same immunity from civil liability with respect to testimony given in any judicial proceeding conducted pursuant to this Article. (1995, c. 419, s. 1.)
2023 North Carolina General Statutes › Chapter 42A - Vacation Rental Act › Article 1 - Vacation Rentals. › § 42A-2 - Purpose and scope of act.

§ 42A-2. Purpose and scope of act.
The General Assembly finds that the growth of the tourism industry in North Carolina has led to a greatly expanded market of privately owned residences that are rented to tourists for vacation, leisure, and recreational purposes. Rental transactions conducted by the owners of these residences or licensed real estate brokers acting on their behalf present unique situations not normally found in the rental of primary residences for long terms, and therefore make it necessary for the General Assembly to enact laws regulating the competing interests of landlords, real estate brokers, and tenants. (1999-420, s. 1.)
2023 North Carolina General Statutes › Chapter 42A - Vacation Rental Act › Article 1 - Vacation Rentals. › § 42A-3 - Application; exemptions.

§ 42A-3. Application; exemptions.
(a) This Chapter applies to any person, partnership, corporation, limited liability company, association, or other business entity that acts as a landlord or real estate broker engaged in the rental or management of residential property for vacation rental as defined in this Chapter. G.S. 160D-1117 applies to properties covered under this Chapter.
(b) This Chapter does not apply to any of the following:
(1) Lodging provided by hotels, motels, tourist camps, and other places subject to regulation under Chapter 72 of the General Statutes.
(2) Rentals to persons temporarily renting a dwelling unit when traveling away from their primary residence for business or employment purposes.
(3) Rentals to persons having no other place of primary residence.
(4) Rentals for which no more than nominal consideration is given. (1999-420, s. 1; 2019-73, s. 1; 2022-62, s. 4.)
2023 North Carolina General Statutes › Chapter 42A - Vacation Rental Act › Article 1 - Vacation Rentals. › § 42A-4 - Definitions.

§ 42A-4. Definitions.
The following definitions apply in this Chapter:
(1) Advanced payments. – All payments made by a tenant in a vacation rental agreement to a landlord or the landlord's real estate broker prior to occupancy for the purpose of renting a vacation rental property for a future period of time as specified in the vacation rental agreement.
(1a) Landlord. – An owner of residential property offered for lease as a vacation rental with or without the assistance of a real estate broker.
(1b) through (1f) Reserved.
(1g) Real estate broker. – A real estate broker as defined in G.S. 93A-2(a).
(2) Residential property. – An apartment, condominium, single-family home, townhouse, cottage, or other property that is devoted to residential use or occupancy by one or more persons for a definite or indefinite period.
(3) Vacation rental. – The rental of residential property for vacation, leisure, or recreation purposes for fewer than 90 days by a person who has a place of permanent residence to which he or she intends to return.
(4) Vacation rental agreement. – A written agreement between a landlord or the landlord's real estate broker and a tenant in which the tenant agrees to rent residential property belonging to the landlord for a vacation rental. (1999-420, s. 1; 2016-98, s. 1.1; 2017-102, s. 13.1.)
2023 North Carolina General Statutes › Chapter 42A - Vacation Rental Act › Article 2 - Vacation Rental Agreements. › § 42A-10 - Written agreement required.

§ 42A-10. Written agreement required.
(a) A landlord or real estate broker and tenant shall execute a vacation rental agreement for all vacation rentals subject to the provisions of this Chapter. No vacation rental agreement shall be valid and enforceable unless the tenant has accepted the agreement as evidenced by one of the following:
(1) The tenant's signature on the agreement.
(2) The tenant's payment of any monies to the landlord or real estate broker after the tenant's receipt of the agreement.
(3) The tenant's taking possession of the property after the tenant's receipt of the agreement.
(b) Any real estate broker who executes a vacation rental agreement that does not conform to the provisions of this Chapter or fails to execute a vacation rental agreement shall be guilty of an unfair trade practice in violation of G.S. 75-1.1, and shall be prohibited from commencing an expedited eviction proceeding as provided in Article 4 of this Chapter. (1999-420, s. 1.)
2023 North Carolina General Statutes › Chapter 42A - Vacation Rental Act › Article 2 - Vacation Rental Agreements. › § 42A-11 - Vacation rental agreements.

§ 42A-11. Vacation rental agreements.
(a) A vacation rental agreement executed under this Chapter shall contain the following notice on its face which shall be set forth in a clear and conspicuous manner that distinguishes it from other provisions of the agreement: "THIS IS A VACATION RENTAL AGREEMENT UNDER THE NORTH CAROLINA VACATION RENTAL ACT. THE RIGHTS AND OBLIGATIONS OF THE PARTIES TO THIS AGREEMENT ARE DEFINED BY LAW AND INCLUDE UNIQUE PROVISIONS PERMITTING THE DISBURSEMENT OF RENT PRIOR TO TENANCY AND EXPEDITED EVICTION OF TENANTS. YOUR SIGNATURE ON THIS AGREEMENT, OR PAYMENT OF MONEY OR TAKING POSSESSION OF THE PROPERTY AFTER RECEIPT OF THE AGREEMENT, IS EVIDENCE OF YOUR ACCEPTANCE OF THE AGREEMENT AND YOUR INTENT TO USE THIS PROPERTY FOR A VACATION RENTAL."
(b) The vacation rental agreement shall contain provisions separate from the requirements of subsection (a) of this section which shall describe the following as permitted or required by this Chapter:
(1) The manner in which funds shall be received, deposited, and disbursed in advance of the tenant's occupancy of the property.
(2) Any processing fees permitted under G.S. 42A-17(c).
(2a) Any cleaning fee permitted under G.S. 42A-17(d).
(3) The rights and obligations of the landlord and tenant under G.S. 42A-17(b).
(4) The applicability of expedited eviction procedures.
(5) The rights and obligations of the landlord or real estate broker and the tenant upon the transfer of the property.
(6) The rights and obligations of the landlord or real estate broker and the tenant under G.S. 42A-36.
(7) Any other obligations of the landlord and tenant. (1999-420, s. 1; 2012-17, s. 5.)
2023 North Carolina General Statutes › Chapter 42A - Vacation Rental Act › Article 3 - Handling and Accounting of Funds. › § 42A-15 - Trust account uses.

§ 42A-15. Trust account uses.
A landlord or real estate broker may require a tenant to pay all or part of any required rent, security deposit, or other fees permitted by law in advance of the commencement of a tenancy under this Chapter if these payments are expressly authorized in the vacation rental agreement. If the tenant is required to make any advance payments, other than a security deposit, whether the payment is denominated as rent or otherwise, the landlord or real estate broker shall deposit these payments in a trust account in a federally insured depository institution or a trust institution authorized to do business in this State no later than three banking days after the receipt of these payments. These payments deposited in a trust account shall not earn interest unless the landlord and tenant agree in the vacation rental agreement that the payments may be deposited in an interest-bearing account. The landlord and tenant shall also provide in the agreement to whom the accrued interest shall be disbursed. (1999-420, s. 1; 2014-115, s. 3; 2015-93, s. 3; 2017-25, s. 2(b).)
2023 North Carolina General Statutes › Chapter 42A - Vacation Rental Act › Article 3 - Handling and Accounting of Funds. › § 42A-16 - Advance payments uses.

§ 42A-16. Advance payments uses.
(a) A landlord or real estate broker shall not disburse prior to the occupancy of the property by the tenant an amount greater than fifty percent (50%) of the total rent except as permitted pursuant to this subsection. A landlord or real estate broker may disburse prior to the occupancy of the property by the tenant any fees owed to third parties to pay for goods, services, or benefits procured by the landlord or real estate broker for the benefit of the tenant, including administrative fees permitted by G.S. 42A-17(c), if the disbursement is expressly authorized in the vacation rental agreement. The funds remaining after any disbursement permitted under this subsection shall remain in the trust account and may not be disbursed until the occurrence of one of the following:
(1) The commencement of the tenancy, at which time the remaining funds may be disbursed in accordance with the terms of the agreement.
(2) The tenant commits a material breach, at which time the landlord may retain an amount sufficient to defray the actual damages suffered by the landlord as a result of the breach.
(3) The landlord or real estate broker refunds the money to the tenant.
(4) The funds in the trust account are transferred in accordance with G.S. 42A-19(b) upon the termination of the landlord's interest in the property.
(b) Funds collected for sales or occupancy taxes and tenant security deposits shall not be disbursed from the trust account prior to termination of the tenancy or material breach of the agreement by the tenant, except as a refund to the tenant.
(c) The tenant's execution of a vacation rental agreement in which he or she agrees to the advance disbursement of payments shall not constitute a waiver or loss of any of the tenant's rights to reimbursement of such payments if the tenant is lawfully entitled to reimbursement. (1999-420, s. 1.)
2023 North Carolina General Statutes › Chapter 42A - Vacation Rental Act › Article 3 - Handling and Accounting of Funds. › § 42A-17 - Accounting; reimbursement.

§ 42A-17. Accounting; reimbursement.
(a) A vacation rental agreement shall identify the name and address of the federally insured depository institution or trust institution in which the tenant's security deposit and other advance payments are held in a trust account, and the landlord and real estate broker shall provide the tenant with an accounting of such deposit and payments if the tenant makes a reasonable request for an accounting prior to the tenant's occupancy of the property.
(b) Except as provided in G.S. 42A-36, if, at the time the tenant is to begin occupancy of the property, the landlord or real estate broker cannot provide the property in a fit and habitable condition or substitute a reasonably comparable property in such condition, the landlord and real estate broker shall refund to the tenant all payments made by the tenant.
(c) A vacation rental agreement may include administrative fees, the amounts of which shall be provided in the agreement, reasonably calculated to cover the costs of processing the tenant's reservation, transfer, or cancellation of a vacation rental.
(d) A vacation rental agreement may include a cleaning fee, the amount of which shall be provided in the agreement, reasonably calculated to cover the costs of cleaning the residential property upon the termination of the tenancy. (1999-420, s. 1; 2005-292, s. 1; 2012-17, s. 6; 2017-25, s. 1(c).)
2023 North Carolina General Statutes › Chapter 42A - Vacation Rental Act › Article 3 - Handling and Accounting of Funds. › § 42A-18 - Applicability of the Residential Tenant Security Deposit Act.

§ 42A-18. Applicability of the Residential Tenant Security Deposit Act.
(a) Except as may otherwise be provided in this Chapter, all funds collected from a tenant and not identified in the vacation rental agreement as occupancy or sales taxes, fees, or rent payments shall be considered a tenant security deposit and shall be subject to the provisions of the Residential Tenant Security Deposit Act, as codified in Article 6 of Chapter 42 of the General Statutes. Funds collected as a tenant security deposit in connection with a vacation rental shall be deposited into a trust account as required by G.S. 42-50. The landlord or real estate broker shall not have the option of obtaining a bond in lieu of maintaining security deposit funds in a trust account. In addition to the permitted uses of tenant security deposit monies as provided in G.S. 42-51, a landlord or real estate broker may, after the termination of a tenancy under this Chapter, deduct from any tenant security deposit the amount of any long distance or per call telephone charges and cable television charges that are the obligation of the tenant under the vacation rental agreement and are left unpaid by the tenant at the conclusion of the tenancy. The landlord or real estate broker shall apply, account for, or refund tenant security deposit monies as provided in G.S. 42-51 within 45 days following the conclusion of the tenancy.
(b) A vacation rental agreement shall not contain language compelling or permitting the automatic forfeiture of all or part of a tenant security deposit in case of breach of contract by the tenant, and no such forfeiture shall be allowed. The vacation rental agreement shall provide that a tenant security deposit may be applied to actual damages caused by the tenant as permitted under Article 6 of Chapter 42 of the General Statutes. (1999-420, s. 1.)
2023 North Carolina General Statutes › Chapter 42A - Vacation Rental Act › Article 4 - Expedited Eviction Proceedings. › § 42A-23 - Grounds for eviction.

§ 42A-23. Grounds for eviction.
(a) Any tenant who leases residential property subject to a vacation rental agreement under this Chapter for 30 days or less may be evicted and removed from the property in an expedited eviction proceeding brought by the landlord, or real estate broker as agent for the landlord, as provided in this Article if the tenant does one of the following:
(1) Holds over possession after his or her tenancy has expired.
(2) Has committed a material breach of the terms of the vacation rental agreement that, according to the terms of the agreement, results in the termination of his or her tenancy.
(3) Fails to pay rent as required by the agreement.
(4) Has obtained possession of the property by fraud or misrepresentation.
(b) Only the right to possession shall be relevant in an expedited eviction proceeding. All other issues related to the rental of the residential property shall be presented in a separate civil action. (1999-420, s. 1.)
2023 North Carolina General Statutes › Chapter 42A - Vacation Rental Act › Article 4 - Expedited Eviction Proceedings. › § 42A-25 - Appeal.

§ 42A-25. Appeal.
A tenant or landlord may appeal a court order issued pursuant to G.S. 42A-24(d) to district court for a trial de novo. A tenant may petition the district court to stay the eviction order and shall post a cash or secured bond with the court in the amount determined by the court pursuant to G.S. 42A-24(d). (1999-420, s. 1.)
2023 North Carolina General Statutes › Chapter 42A - Vacation Rental Act › Article 4 - Expedited Eviction Proceedings. › § 42A-26 - Violation of court order.

§ 42A-26. Violation of court order.
If a tenant fails to remove personal property from a residential property subject to a vacation rental after the court has entered an order of eviction, the landlord or real estate broker shall have the same rights as provided in G.S. 42-36.2(b) as if the sheriff had not removed the tenant's property. The failure of a tenant or the guest of a tenant to vacate a residential property in accordance with a court order issued pursuant to G.S. 42A-24(d) shall constitute a criminal trespass under G.S. 14-159.13. (1999-420, s. 1.)
2023 North Carolina General Statutes › Chapter 42A - Vacation Rental Act › Article 4 - Expedited Eviction Proceedings. › § 42A-27 - Penalties for abuse.

§ 42A-27. Penalties for abuse.
A landlord or real estate broker shall undertake to evict a tenant pursuant to an expedited eviction proceeding only when he or she has a good faith belief that grounds for eviction exists under the provisions of this Chapter. Otherwise, the landlord or real estate broker shall be guilty of an unfair trade practice under G.S. 75-1.1 and a Class 1 misdemeanor. (1999-420, s. 1.)
2023 North Carolina General Statutes › Chapter 42A - Vacation Rental Act › Article 5 - Landlord and Tenant Duties. › § 42A-32 - Tenant to maintain dwelling unit.

§ 42A-32. Tenant to maintain dwelling unit.
The tenant of a residential property used for a vacation rental shall:
(1) Keep that part of the property which he or she occupies and uses as clean and safe as the conditions of the property permit and cause no unsafe or unsanitary conditions in the common areas and remainder of the property that he or she uses.
(2) Dispose of all ashes, rubbish, garbage, and other waste in a clean and safe manner.
(3) Keep all plumbing fixtures in the property 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 property or render inoperable the smoke detector provided by the landlord or knowingly permit any person to do so.
(5) Comply with 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 the property that is in his or her exclusive control unless the damage, defacement, or removal was due to ordinary wear and tear, acts of the landlord or his or her 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 of the need for replacement of or repairs to a smoke detector. The landlord shall annually place new batteries in a battery-operated smoke detector, and the tenant shall replace the batteries as needed during the tenancy. Failure of the tenant to replace the batteries as needed shall not be considered negligence on the part of the tenant or the landlord.
These duties shall not be waived; however, the landlord and tenant may make additional covenants not inconsistent herewith in the vacation rental agreement. (1999-420, s. 1.)
2023 North Carolina General Statutes › Chapter 42A - Vacation Rental Act › Article 5 - Landlord and Tenant Duties. › § 42A-33 - Responsibilities and liability of real estate broker.

§ 42A-33. Responsibilities and liability of real estate broker.
(a) A real estate broker managing a vacation rental property on behalf of a landlord shall do all of the following:
(1) Manage the property in accordance with the terms of the written agency agreement signed by the landlord and real estate broker.
(2) Offer vacation rental property to the public for leasing in compliance with all applicable federal and State laws, regulations, and ethical duties, including, but not limited to, those prohibiting discrimination on the basis of race, color, religion, sex, national origin, handicapping condition, or familial status.
(3) Notify the landlord regarding any necessary repairs to keep the property in a fit and habitable or safe condition and follow the landlord's direction in arranging for any such necessary repairs, including repairs to all electrical, plumbing, sanitary, heating, ventilating, and other facilities and major appliances supplied by the landlord upon written notification from the tenant that repairs are needed.
(4) Verify that the landlord has installed operable smoke detectors and carbon monoxide alarms.
(5) Verify that the landlord has annually placed new batteries in a battery-operated smoke detector or carbon monoxide alarm. Failure of the tenant to replace the batteries as needed shall not be considered negligence on the part of the real estate broker.
(b) A real estate broker or firm managing a vacation rental property on behalf of a landlord client shall not become personally liable as a party in any 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 vacation rental agreement. (2016-98, s. 1.3.)
2023 North Carolina General Statutes › Chapter 42A - Vacation Rental Act › Article 6 - General Provisions. › § 42A-36 - Mandatory evacuations.

§ 42A-36. Mandatory evacuations.
If State or local authorities, acting pursuant to Article 1A of Chapter 166A of the General Statutes, order a mandatory evacuation of an area that includes the residential property subject to a vacation rental, the tenant under the vacation rental agreement, whether in possession of the property or not, shall comply with the evacuation order. Upon compliance, the tenant shall be entitled to a refund from the landlord of the rent, taxes, and any other payments made by the tenant pursuant to the vacation rental agreement as a condition of the tenant's right to occupy the property prorated for each night that the tenant is unable to occupy the property because of the mandatory evacuation order. The tenant shall not be entitled to a refund if: (i) prior to the tenant taking possession of the property, the tenant refused insurance offered by the landlord or real estate broker that would have compensated the tenant for losses or damages resulting from loss of use of the property due to a mandatory evacuation order; or (ii) the tenant purchased insurance offered by the landlord or real estate broker. The insurance offered shall be provided by an insurance company duly authorized by the North Carolina Department of Insurance, and the cost of the insurance shall not exceed eight percent (8%) of the total amount charged for the vacation rental to the tenant less the amount paid by the tenant for a security deposit. (1999-420, s. 1; 2005-292, s. 3; 2009-245, s. 2; 2012-12, s. 2(h).)