State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_42 > GS_42-63

§42‑63.  Remedies and judicial orders.

(a)        Grounds forComplete Eviction. – Subject to the provisions of G.S. 42‑64 and pursuantto G.S 42‑68, the court shall order the immediate eviction of a tenantand all other residents of the tenant's individual unit where it finds that:

(1)        Criminal activityhas occurred on or within the individual rental unit leased to the tenant; or

(2)        The individualrental unit leased to the tenant was used in any way in furtherance of or topromote criminal activity; or

(3)        The tenant, anymember of the tenant's household, or any guest has engaged in criminal activityon or in the immediate vicinity of any portion of the entire premises; or

(4)        The tenant has givenpermission to or invited a person to return or reenter any portion of theentire premises, knowing that the person has been removed and barred from theentire premises pursuant to this Article or the reasonable rules andregulations of a publicly assisted landlord; or

(5)        The tenant hasfailed to notify law enforcement or the landlord immediately upon learning thata person who has been removed and barred from the tenant's individual rentalunit pursuant to this Article has returned to or reentered the tenant'sindividual rental unit.

(b)        Grounds for PartialEviction and Issuance of Removal Orders. – The court shall, subject to theprovisions of G.S. 42‑64, order the immediate removal from the entirepremises of any person other than the tenant, including an adult or minormember of the tenant's household, where the court finds that such person hasengaged in criminal activity on or in the immediate vicinity of any portion ofthe leased residential premises. Persons removed pursuant to this section shallbe barred from returning to or reentering any portion of the entire premises.

(c)        ConditionalEviction Orders Directed Against the Tenant. – Where the court finds that amember of the tenant's household or a guest of the tenant has engaged incriminal activity on or in the immediate vicinity of any portion of the leasedresidential premises, but such person has not been named as a party defendant,has not appeared in the action or otherwise has not been subjected to thejurisdiction of the court, a conditional eviction order issued pursuant tosubsection (b) of this section shall be directed against the tenant, and shallprovide that as an express condition of the tenancy, the tenant shall not givepermission to or invite the barred person or persons to return to or reenterany portion of the entire premises. The tenant shall acknowledge in writingthat the tenant understands the terms of the court's order, and that the tenantfurther understands that the failure to comply with the court's order willresult in the mandatory termination of the tenancy pursuant to G.S. 42‑68.(1995, c. 419, s. 1.)