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NC General Statutes

N.C. Gen. Stat. § 42-3 (2026)

Term forfeited for nonpayment of rent

✓ current as of July 2026
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In all verbal or written leases of real property of any kind in which is fixed a definite time for the payment of the rent reserved therein, there shall be implied a forfeiture of the term upon failure to pay the rent within 10 days after a demand is made by the lessor or his agent on said lessee for all past-due rent, and the lessor may forthwith enter and dispossess the tenant without having declared such forfeiture or reserved the right of reentry in the lease. (1919, c. 34; C.S., s. 2343; 2001-502, s. 2; 2004-143, s. 1.)

 

Notes of Decisions
Cited in 14 cases, 1946–2020 · leading case: Creech v. Ranmar Props., 551 S.E.2d 224 (N.C. Ct. App. 2001).
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Creech v. Ranmar Props., 551 S.E.2d 224 (N.C. Ct. App. 2001). · cites it 10× “§ 42-3 provides that in all leases with a fixed time for the payment of rent, there shall be implied a forfeiture of the term upon failure to pay the rent within 10 days after a demand is made by the lessor or his agent on said lessee for all past-due rent, and the lessor may…”
Snipes v. Snipes, 286 S.E.2d 591 (N.C. Ct. App. 1982). · cites it 10× “G.S. 42-3 and the rule in Reynolds v. Earley, 241 N.”
Stanley v. Harvey, 369 S.E.2d 382 (N.C. Ct. App. 1988). · cites it 4× “2d at 158-59 (Section 42-3 implies forfeiture only where lease is “silent” on forfeiture for nonpayment of rent).”
First-Citizens Bank & Trust Co. v. Frazelle, 40 S.E.2d 367 (N.C. 1946). “the lease contains no forfeiture clause upon failure to pay the rent, hence the statute, G. S., 42-3, applies. A forfeiture under the statute for failure to pay rent is not effective until the expiration of ten days “after a demand is made by the lessor or bis agent on said…”
Charlotte Off. Tower Assocs. v. Carolina SNS Corp., 366 S.E.2d 905 (N.C. Ct. App. 1988). · cites it 3× “42-33 is to be construed in pari materia with G.S. 42-3. Ryan v. Reynolds, 190 N.C. 563 , 130 S.”
Reynolds v. Earley, 85 S.E.2d 904 (N.C. 1955). “They contend that Green, and also plaintiff, had forfeited the lease by failing to pay rent, taxes and make improvements on the premises.”
Morris v. Austraw, 152 S.E.2d 155 (N.C. 1967). “” Except in cases where G.S. 42-3 writes into a contract of a lease of lands, when the lease is silent thereon, a forfeiture of the terms of the lease upon failure of the lessee to pay the rent within ten days after a demand is made by the lessor or his agent for all past due…”
Gardner v. Ebenezer, LLC, 660 S.E.2d 172 (N.C. Ct. App. 2008). · cites it 24× “N.C. Gen. Stat. § 42-3 (2005). However, section 42-3 “applies only when a lease does not expressly provide for the landlord’s reentry upon nonpayment of rents.”
Braddy v. Nationwide Mut. Liab. Ins., 470 S.E.2d 820 (N.C. Ct. App. 1996). · cites it 2× “Gray Wilson, North Carolina Civil Procedure § 42-3 (2d ed. 1995). Further, we note the resolution of Count IV, in fact, obviated the need for a trial on Count V.”
Green v. Lybrand, 249 S.E.2d 443 (N.C. Ct. App. 1978). · cites it 2× “This rule is changed by G.S. 42-3, which provides that where the parties have failed to write the forfeiture into their lease, “there shall be an implied forfeiture of the term upon failure to pay the rent within 10 days after a demand is made.”
Stines v. Carter (N.C. Ct. App. 2015). · cites it 18× “CARTER Opinion of the Court provisions of N.C. Gen. Stat. § 42-3 (2013) prior to initiating the summary ejectment proceeding.”
Stout v. Crutchfield, 204 S.E.2d 541 (N.C. Ct. App. 1974). “However, in this case plantiffs’ right to evict defendants does not depend on whether defendants have failed to pay their rent.”
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