State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_42 > GS_42-59

Article 7.

Expedited Eviction ofDrug Traffickers and Other Criminals.

§ 42‑59.  Definitions.

As used in this Article:

(1)        "Completeeviction" means the eviction and removal of a tenant and all members ofthe tenant's household.

(2)        "Criminalactivity" means (i) activity that would constitute a violation of G.S. 90‑95other than a violation of G.S. 90‑95(a)(3), or a conspiracy to violateany provision of G.S. 90‑95 other than G.S. 90‑95(a)(3); or (ii)other criminal activity that threatens the health, safety, or right of peacefulenjoyment of the entire premises by other residents or employees of thelandlord.

(3)        "Entirepremises" or "leased residential premises" means a house,building, mobile home, or apartment, whether publicly or privately owned, whichis leased for residential purposes. These terms include the entire building orcomplex of buildings or mobile home park and all real property of any natureappurtenant thereto and used in connection therewith, including all individualrental units, streets, sidewalks, and common areas. These terms do not includea hotel, motel, or other guest house or part thereof rented to a transientguest.

(4)        "Felony"means a criminal offense that constitutes a felony under North Carolina law.

(5)        "Guest"means any natural person who has been given express or implied permission by atenant, a member of the tenant's household, or another guest of the tenant toenter an individual rental unit or any portion of the entire premises.

(6)        "Individualrental unit" means an apartment or individual dwelling or accommodationwhich is leased to a particular tenant, whether or not it is used or occupiedor intended to be used or occupied by a single family or household.

(7)        "Landlord"means a person, entity, corporation, or governmental authority or agency who orwhich owns, operates, or manages any leased residential premises.

(8)        "Partialeviction" means the eviction and removal of specified persons from aleased residential premises.

(9)        "Resident"means any natural person who lawfully resides in a leased residential premiseswho is not a signatory to a lease or otherwise has no contractual relationshipto a landlord. The term includes members of the household of a tenant.

(10)      "Tenant"means any natural person or entity who is a named party or signatory to a leaseor rental agreement, and who occupies, resides in, or has a legal right topossess and use an individual rental unit. (1995, c. 419, s. 1.)