North Carolina General Statutes 42-63. Remedies and judicial orders
(a) Grounds for Complete Eviction. – Subject to the provisions of N.C. Gen. Stat. § 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
Terms Used In North Carolina General Statutes 42-63
- Complete eviction: means the eviction and removal of a tenant and all members of the tenant's household. See North Carolina General Statutes 42-59
- Criminal activity: means (i) activity that would constitute a violation of N. See North Carolina General Statutes 42-59
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- 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. See North Carolina General Statutes 42-59
- in writing: may be construed to include printing, engraving, lithographing, and any other mode of representing words and letters: Provided, that in all cases where a written signature is required by law, the same shall be in a proper handwriting, or in a proper mark. See North Carolina General Statutes 12-3
- 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. See North Carolina General Statutes 42-59
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Landlord: means a person, entity, corporation, or governmental authority or agency who or which owns, operates, or manages any leased residential premises. See North Carolina General Statutes 42-59
- leased residential premises: means a house, building, mobile home, or apartment, whether publicly or privately owned, which is leased for residential purposes. See North Carolina General Statutes 42-59
- Partial eviction: means the eviction and removal of specified persons from a leased residential premises. See North Carolina General Statutes 42-59
- 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. See North Carolina General Statutes 42-59
(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 N.C. Gen. Stat. § 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 N.C. Gen. Stat. § 42-68 (1995, c. 419, s. 1.)