NC General Statutes
N.C. Gen. Stat. § 42-38 (2026)
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This Article determines the rights, obligations, and remedies under a rental agreement for a dwelling unit within this State. (1977, c. 770, s. 1.)
Notes of Decisions
Cited in 29
cases (8 in the last 5 years), 1979–2024 · leading case: Shepard v. Bonita Vista Props., LP, 664 S.E.2d 388 (N.C. Ct. App. 2008).
Shepard v. Bonita Vista Props., LP, 664 S.E.2d 388 (N.C. Ct. App. 2008). “The plain and unambiguous language of the Act expressly limits the statute's applicability to "a rental agreement for a dwelling unit within this State" and enunciates the manner of ejectment residential landlords must employ when regaining possession of "a dwelling unit" from…”
Evans v. Hous. Auth. of City of Raleigh, 602 S.E.2d 668 (N.C. 2004). “After setting out these allegations in his Complaint, plaintiff pled numerous causes of action: (1) violation of the North Carolina Residential Rental Agreements Act, N.C.G.S. §§ 42-38 to -46; (2) breach of the implied warranty of habitability; (3) breach of the express warranty…”
Are-100/800/801 Capitola, LLC v. Triangle Labs., Inc., 550 S.E.2d 31 (N.C. Ct. App. 2001). “See N.C.G.S. § 42-38 (1999); see also N.C.G.S.”
K & S Enter. v. Kennedy Off. Supply Co., Inc., 520 S.E.2d 122 (N.C. Ct. App. 1999). “We find no merit in defendant's claim that plaintiff breached the implied warranty of habitability. Pursuant to the Residential Rental Agreements, the landlord has a duty to "keep the premises in a fit and habitable condition.”
Jackson v. Hous. Auth. of High Point, 326 S.E.2d 295 (N.C. Ct. App. 1985). “Our Residential Rental Agreements Act, G.S. 42-38 et seq., codifies the essential points in Javins.”
Lenz v. Ridgewood Assocs., 284 S.E.2d 702 (N.C. Ct. App. 1981). “G.S. 42-38 through 44. For a thorough discussion of the Act, see Fillette, North Carolina’s Residential Rental Agreements Act: New Developments for Contract and Tort Liability in Landlord-Tenant Relations, 56 N.”
Surratt v. Newton, 393 S.E.2d 554 (N.C. Ct. App. 1990). “42-40(3) defines "landlord" as "any owner and any rental management company, rental agency, or any other person having the actual or apparent authority of an agent to perform the duties imposed by this Article.”
Foy v. Spinks, 414 S.E.2d 87 (N.C. Ct. App. 1992). “We agree the measure of damages in an action for rent abatement is well settled and is to be calculated as follows: [A] tenant may recover damages in the form of a rent abatement calculated as the difference between the fair rental value of the premises if as warranted (i.”
Stikeleather Realty & Invs. Co. v. Broadway, 775 S.E.2d 373 (N.C. Ct. App. 2015). “[Defendant-Tenant] is therefore entitled to rent abatement[.] This singly-enumerated conclusion actually contains two legal conclusions: first, that Plaintiff-Landlord violated the RRAA; second, that Defendant-Tenant is entitled to rent abatement.”
Brooks v. Francis, 291 S.E.2d 889 (N.C. Ct. App. 1982). “The passage of the Residential Rental Agreements Act, G.S. 42-38 to 44, created a *559 new standard of care owed by landlord to tenant in North Carolina, however.”
Allen v. Simmons, 394 S.E.2d 478 (N.C. Ct. App. 1990). “G.S. 42-38 provides that “[t]his Article determines the rights, obligations, and remedies under a rental agreement for a dwelling unit within this State.”
Fisher v. Hous. Auth. of City of Kinston, 573 S.E.2d 678 (N.C. Ct. App. 2002). “Plaintiff filed this suit in November 2000, alleging that the Housing Authority violated the North Carolina Residential Rental Agreements Act, N.C. Gen. Stat. § 42-38 et seq.; that it breached the implied warranty of habitability; that it breached an express warranty; that it…”
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