N.C. Gen. Stat. § 42-30

Judgment by confession, where plaintiff has proved case, or failure to appear

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The summons shall be returned according to its tenor, and if on its return it appears to have been duly served, and if (i) the plaintiff proves his case by a preponderance of the evidence, (ii) the defendant admits the allegations of the complaint, or (iii) the defendant fails to appear on the day of court, and the plaintiff requests in open court a judgment for possession based solely on the filed pleadings where the pleadings allege defendant's failure to pay rent as a breach of the lease for which reentry is allowed and the defendant has not filed a responsive pleading, the magistrate shall give judgment that the defendant be removed from, and the plaintiff be put in possession of, the demised premises; and if any rent or damages for the occupation of the premises after the cessation of the estate of the lessee, not exceeding the jurisdictional amount established by G.S. 7A-210(1), be claimed in the oath of the plaintiff as due and unpaid, the magistrate shall inquire thereof, and if supported by a preponderance of the evidence, give judgment as he may find the fact to be. (1868-9, c. 156, s. 22; Code, s. 1769; Rev., s. 2004; C.S., s. 2369; 1971, c. 533, s. 5; 1973, c. 10; c. 1267, s. 4; 1979, c. 144, s. 5; 1981, c. 555, s. 5; 1985, c. 329, s. 1; 1989, c. 311, s. 4; 1993, c. 553, s. 73(d); 2005-423, s. 10.)

Notes of Decisions

Cited in 3 cases, 1980–2011 · leading case: Durham Hosiery Mill Ltd. Partnership v. Morris

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Durham Hosiery Mill Ltd. Partnership v. Morris (2011) ncctapp · cites it 11× “In a summary ejectment action, the plaintiff’s burden of persuasion is by the preponderance of the evidence as set forth in N.C. Gen. Stat. § 42-30 . The trial court erred in requiring the plaintiff to prove its case by clear, cogent, and convincing evidence.”

Chrisalis Properties, Inc. v. Separate Quarters, Inc. (1990) ncctapp “G.S. 42-30 (emphasis added). To summarize, a lessor in North Carolina has three separate remedies under our summary ejectment statute: (i) possession of the premises; (ii) an award of unpaid rent; and (iii) an award of damages for the tenant’s occupation of the premises after…”

Hassell v. Wilson (1980) ncctapp · cites it 2× “G.S. § 42-30. They would also be entitled to recover the reasonable rental value of the premises for such time as the plaintiffs wrongfully occupy such premises.”

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