State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_42 > GS_42-45_1

§ 42‑45.1.  Earlytermination of rental agreement by victims of domestic violence, sexualassault, or stalking.

(a)        Any protectedtenant may terminate his or her rental agreement for a dwelling unit byproviding the landlord with a written notice of termination to be effective ona date stated in the notice that is at least 30 days after the landlord'sreceipt of the notice. The notice to the landlord shall be accompanied byeither: (i) a copy of a valid order of protection issued by a court pursuant toChapter 50B or 50C of the General Statutes, other than an ex parte order, (ii)a criminal order that restrains a person from contact with a protected tenant,or (iii) a valid Address Confidentiality Program card issued pursuant to G.S.15C‑4 to the victim or a minor member of the tenant's household. A victimof domestic violence or sexual assault must submit a copy of a safety plan withthe notice to terminate. The safety plan, dated during the term of the tenancyto be terminated, must be provided by a domestic violence or sexual assaultprogram which substantially complies with the requirements set forth in G.S.50B‑9 and must recommend relocation of the protected tenant.

(b)        Upon termination ofa rental agreement under this section, the tenant who is released from therental agreement pursuant to subsection (a) of this section is liable for therent due under the rental agreement prorated to the effective date of thetermination and payable at the time that would have been required by the termsof the rental agreement. The tenant is not liable for any other rent or feesdue only to the early termination of the tenancy. If, pursuant to this section,a tenant terminates the rental agreement 14 days or more before occupancy, thetenant is not subject to any damages or penalties.

(c)        Notwithstanding therelease of a protected tenant from a rental agreement under subsection (a) ofthis section, or the exclusion of a perpetrator of domestic violence, sexualassault, or stalking by court order, if there are any remaining tenantsresiding in the dwelling unit, the tenancy shall continue for those tenants.The perpetrator who has been excluded from the dwelling unit under court orderremains liable under the lease with any other tenant of the dwelling unit forrent or damages to the dwelling unit.

(d)        The provisions ofthis section may not be waived or modified by agreement of the parties. (2005‑423, s. 7.)