NC General Statutes

N.C. Gen. Stat. § 42-10 (2026)

Tenant not liable for accidental damage

✓ current as of July 2026

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A tenant for life, or years, or for a less term, shall not be liable for damage occurring on the demised premises accidentally, and notwithstanding reasonable diligence on his part, unless he so contract. (1868-9, c. 156, s. 10; Code, s. 1751; Rev., s. 1991; C.S., s. 2350.)

Notes of Decisions

Cited in 3 cases, 1946–2002 · leading case: Dixie Fire & Cas. Co. v. Esso Stand. Oil Co., 143 S.E.2d 279 (N.C. 1965).

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Dixie Fire & Cas. Co. v. Esso Stand. Oil Co., 143 S.E.2d 279 (N.C. 1965). “Now by statute, G.S. 42-10, in North Carolina a tenant “shall not be liable for damage occurring on the demised premises accidentally, and notwithstanding reasonable diligence on his part, unless he so contract.”

Rountree v. . Thompson, 39 S.E.2d 523 (N.C. 1946). “, 401; G. S., 42-10. It would seem then, in tbe light of tbe history of tbe law, that destruction by tbe act of God, or by tbe public enemy, or by accident, or by tbe act of tbe lessor, are exculpatory exceptions to tbe general rule of liability.”

Beneficial Mortg. Co. v. Hamidpour, 574 S.E.2d 163 (N.C. Ct. App. 2002). “Rather, Beneficial is using § 42-10 to make the same claim that it has been making all along, and we conclude that it does not have standing to do so.”

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