State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_42 > GS_42-42_3

§ 42‑42.3.  Victimprotection – change locks.

(a)        If the perpetratorof domestic violence, sexual assault, or stalking is not a tenant in the samedwelling unit as the protected tenant, a tenant of a dwelling may give oral orwritten notice to the landlord that a protected tenant is a victim of domesticviolence, sexual assault, or stalking and may request that the locks to thedwelling unit be changed. A protected tenant is not required to providedocumentation of the domestic violence, sexual assault, or stalking to initiatethe changing of the locks, pursuant to this subsection. A landlord who receivesa request under this subsection shall change the locks to the protectedtenant's dwelling unit or give the protected tenant permission to change thelocks within 48 hours.

(b)        If the perpetratorof the domestic violence, sexual assault, or stalking is a tenant in the samedwelling unit as the victim, any tenant or protected tenant of a dwelling unitmay give oral or written notice to the landlord that a protected tenant is avictim of domestic violence, sexual assault, or stalking and may request thatthe locks to the dwelling unit be changed. In these circumstances, thefollowing shall apply:

(1)        Before the landlordor tenant changes the locks under this subsection, the tenant must provide thelandlord with a copy of an order issued by a court that orders the perpetratorto stay away from the dwelling unit.

(2)        Unless a court orderallows 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 theperpetrator access to the dwelling unit, to provide keys to the perpetrator, orto provide the perpetrator access to the perpetrator's personal property withinthe dwelling unit once the landlord has been provided with a court orderrequiring the perpetrator to stay away from the dwelling. If a landlordcomplies with this section, the landlord is not liable for civil damages, to aperpetrator excluded from the dwelling unit, for loss of use of the dwellingunit or loss of use or damage to the perpetrator's personal property.

(3)        The perpetrator whohas been excluded from the dwelling unit under this subsection remains liableunder the lease with any other tenant of the dwelling unit for rent or damagesto the dwelling unit.

A landlord who receives arequest under this subsection shall change the locks to the protected tenant'sdwelling unit or give the protected tenant permission to change the lockswithin 72 hours.

(c)        The protectedtenant shall bear the expense of changing the locks. If a landlord fails to actwithin the required time, the protected tenant may change the locks without thelandlord's permission. If the protected tenant changes the locks, the protectedtenant shall give a key to the new locks to the landlord within 48 hours of thelocks being changed. (2005‑423, s. 6.)