State Codes and Statutes
Statutes > North-carolina > Chapter_42A > GS_42A-36Article 6.
General Provisions.
§ 42A‑36. Mandatoryevacuations.
If State or local authorities,acting pursuant to Article 36A of Chapter 14 or Article 1 of Chapter 166A ofthe General Statutes, order a mandatory evacuation of an area that includes theresidential property subject to a vacation rental, the tenant under thevacation rental agreement, whether in possession of the property or not, shallcomply with the evacuation order. Upon compliance, the tenant shall be entitledto a refund from the landlord of the rent, taxes, and any other payments madeby the tenant pursuant to the vacation rental agreement as a condition of thetenant's right to occupy the property prorated for each night that the tenantis unable to occupy the property because of the mandatory evacuation order. Thetenant shall not be entitled to a refund if: (i) prior to the tenant takingpossession of the property, the tenant refused insurance offered by thelandlord or real estate broker that would have compensated the tenant for lossesor damages resulting from loss of use of the property due to a mandatoryevacuation order; or (ii) the tenant purchased insurance offered by thelandlord or real estate broker. The insurance offered shall be provided by aninsurance company duly authorized by the North Carolina Department ofInsurance, and the cost of the insurance shall not exceed eight percent (8%) ofthe total amount charged for the vacation rental to the tenant less the amountpaid by the tenant for a security deposit. (1999‑420, s. 1; 2005‑292, s. 3; 2009‑245,s. 2.)
