N.C. Gen. Stat. » Chapter 42
NC General Statutes

N.C. Gen. Stat. § 42-4 (2026)

Recovery for use and occupation

✓ current as of July 2026
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When any person occupies land of another by the permission of such other, without any express agreement for rent, or upon a parol lease which is void, the landlord may recover a reasonable compensation for such occupation, and if by such parol lease a certain rent was reserved, such reservation may be received as evidence of the value of the occupation. (1868-9, c. 156, s. 5; Code, s. 1746; Rev., s. 1986; C.S., s. 2344.)

 

Notes of Decisions
Cited in 5 cases, 1976–2018 · leading case: Raleigh-Durham Airport Auth. v. Delta Air Lines, Inc., 429 F. Supp. 1069 (Bankr. E.D.N.C. 1976).
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Raleigh-Durham Airport Auth. v. Delta Air Lines, Inc., 429 F. Supp. 1069 (Bankr. E.D.N.C. 1976). · cites it 5× “calculation properly carried out under the general method proposed by plaintiff and discussed above (that method being a rea *1085 sonable one) can produce a figure for landing fees which is simultaneously reasonable under Section 63-53(5), reasonable in light of the commerce…”
Northside Station Assocs. P'ship v. Maddry, 413 S.E.2d 319 (N.C. Ct. App. 1992). · cites it 6× “Northside seeks reversal of the trial court's order and advances in this Court the following arguments: 1) that the Agreement is an assignment and not a sublease since the tenant reserved no portion of the original lease term and that, *321 therefore, Northside has a direct…”
Tai Sports, Inc. v. Hall, 2012 NCBC 62 (N.C. Bus. Ct. 2012). · cites it 3× “TAI offered into evidence the Lease Agreement between Vega Real Estate and TAI for both Parcel A and Parcel B.”
Simon v. Mock, 331 S.E.2d 300 (N.C. Ct. App. 1985). · cites it 2× “Although not denominated as such in the complaint, this cause of action appears to be based on, and we will treat it as based on, G.S. 42-4, which enables a property owner to recover “reasonable compensation” for occupation of her property.”
Zagaroli v. Neill, 2018 NCBC 25 (N.C. Bus. Ct. 2018). · cites it 9× “Third and last, Zagaroli contends that, pursuant to N.C. Gen. Stat. § 42-4 , he is entitled to unpaid rent for Reclamation’s use of two buildings referred to as the “Zag Building” and the “Conover Building.”
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