Legal Question in Landlord & Tenant Law in North Carolina

Re: Refusal Of Rent Payment

North Carolina�s eviction laws require court proceedings whenever a residential tenant does not move voluntarily. Landlords may only evict or attempt to evict a tenant by taking him to court.

Enacted in 1981, these laws prohibit landlords from attempting to evict or evicting a tenant by shutting off his water, gas, or electricity, changing the locks or padlocking the premises, removing the doors and/or windows, or otherwise forcibly entering the premises and removing him and/or his belongings. These actions, sometimes referred to as �self-help measures,� are taken most often in response to a tenant�s failure to pay rent.

The primary purpose of these laws is to maintain the public peace. By requiring the use of the courts, these laws also provide tenants with an opportunity to present any available defenses. Finally, any lease or contract provision contrary to these laws is void as against public policy.

Our state�s eviction laws offer tenants other protections as well. If a landlord seeks to evict a tenant through any means other than the required judicial process, then the tenant may have a claim against him for money damages. In addition, the tenant may be entitled to continue living in, or regain possession of, the rental unit.