State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_42 > GS_42-26

Article 3.

Summary Ejectment.

§ 42‑26.  Tenant holdingover may be dispossessed in certain cases.

(a)        Any tenant orlessee of any house or land, and the assigns under the tenant or legalrepresentatives of such tenant or lessee, who holds over and continues in thepossession of the demised premises, or any part thereof, without the permissionof the landlord, and after demand made for its surrender, may be removed fromsuch premises in the manner hereinafter prescribed in any of the followingcases:

(1)        When a tenant inpossession of real estate holds over after his term has expired.

(2)        When the tenant orlessee, or other person under him, has done or omitted any act by which,according to the stipulations of the lease, his estate has ceased.

(3)        When any tenant orlessee of lands or tenements, who is in arrear for rent or has agreed tocultivate the demised premises and to pay a part of the crop to be made thereonas rent, or who has given to the lessor a lien on such crop as a security forthe rent, deserts the demised premises, and leaves them unoccupied anduncultivated.

(b)        An arrearage incosts owed by a tenant for water or sewer services pursuant to G.S. 62‑110(g)shall not be used as a basis for termination of a lease under this Chapter. Anypayment to the landlord shall be applied first to the rent owed and then tocharges for water or sewer service, unless otherwise designated by the tenant. (4 Geo. II, c. 28; 1868‑9,c. 156, s. 19; Code, ss. 1766, 1777; 1905, cc. 297, 299, 820; Rev., s. 2001;C.S., s. 2365; 2001‑502, s. 3; 2004‑143, s. 2.)