N.C. Gen. Stat. § 42A-1
Title
Title. This Chapter shall be known as the North Carolina Vacation Rental Act. (1999-420, s. 1.)
North Carolina General Statutes Chapter 42A — Chapter 42A.
North Carolina · statute · N.C. Gen. Stat. ch. 42A · 22 active provisions
N.C. Gen. Stat. § 42A-2
Purpose and scope of act
Purpose and scope of act. The General Assembly finds that the growth of the tourism industry in North Carolina has led to a greatly expanded market of privately owned residences that are rented to tourists for vacation, leisure, and recreational purposes. Rental transactions conducted by the owners of these residences…
N.C. Gen. Stat. § 42A-3
Application; exemptions
Application; exemptions. (a) This Chapter applies to any person, partnership, corporation, limited liability company, association, or other business entity that acts as a landlord or real estate broker engaged in the rental or management of residential property for vacation rental as defined in this Chapter. G.S. 160D-…
N.C. Gen. Stat. § 42A-4
Definitions
Definitions. The following definitions apply in this Chapter: (1) Advanced payments. - All payments made by a tenant in a vacation rental agreement to a landlord or the landlord's real estate broker prior to occupancy for the purpose of renting a vacation rental property for a future period of time as specified in the…
N.C. Gen. Stat. § 42A-10
Written agreement required
Written agreement required. (a) A landlord or real estate broker and tenant shall execute a vacation rental agreement for all vacation rentals subject to the provisions of this Chapter. No vacation rental agreement shall be valid and enforceable unless the tenant has accepted the agreement as evidenced by one of the fo…
N.C. Gen. Stat. § 42A-11
Vacation rental agreements
Vacation rental agreements. (a) A vacation rental agreement executed under this Chapter shall contain the following notice on its face which shall be set forth in a clear and conspicuous manner that distinguishes it from other provisions of the agreement: "THIS IS A VACATION RENTAL AGREEMENT UNDER THE NORTH CAROLINA VA…
N.C. Gen. Stat. § 42A-15
Trust account uses
Trust account uses. A landlord or real estate broker may require a tenant to pay all or part of any required rent, security deposit, or other fees permitted by law in advance of the commencement of a tenancy under this Chapter if these payments are expressly authorized in the vacation rental agreement. If the tenant is…
N.C. Gen. Stat. § 42A-16
Advance payments uses
Advance payments uses. (a) A landlord or real estate broker shall not disburse prior to the occupancy of the property by the tenant an amount greater than fifty percent (50%) of the total rent except as permitted pursuant to this subsection. A landlord or real estate broker may disburse prior to the occupancy of the pr…
N.C. Gen. Stat. § 42A-17
Accounting; reimbursement
Accounting; reimbursement. (a) A vacation rental agreement shall identify the name and address of the federally insured depository institution or trust institution in which the tenant's security deposit and other advance payments are held in a trust account, and the landlord and real estate broker shall provide the ten…
N.C. Gen. Stat. § 42A-18
Applicability of the Residential Tenant Security Deposit Act
Applicability of the Residential Tenant Security Deposit Act. (a) Except as may otherwise be provided in this Chapter, all funds collected from a tenant and not identified in the vacation rental agreement as occupancy or sales taxes, fees, or rent payments shall be considered a tenant security deposit and shall be subj…
N.C. Gen. Stat. § 42A-19
Transfer of property subject to a vacation rental agreement
Transfer of property subject to a vacation rental agreement. (a) The grantee of residential property voluntarily transferred by a landlord who has entered into a vacation rental agreement for the use of the property shall take title to the property subject to the vacation rental agreement if the vacation rental is to e…
N.C. Gen. Stat. § 42A-23
Grounds for eviction
Grounds for eviction. (a) Any tenant who leases residential property subject to a vacation rental agreement under this Chapter for 30 days or less may be evicted and removed from the property in an expedited eviction proceeding brought by the landlord, or real estate broker as agent for the landlord, as provided in thi…
N.C. Gen. Stat. § 42A-24
Expedited eviction
Expedited eviction. (a) Before commencing an expedited eviction proceeding, the landlord or real estate broker shall give the tenant at least four hours' notice, either orally or in writing, to quit the premises. If reasonable efforts to personally give oral or written notice have failed, written notice may be given by…
N.C. Gen. Stat. § 42A-25
Appeal
Appeal. A tenant or landlord may appeal a court order issued pursuant to G.S. 42A-24(d) to district court for a trial de novo. A tenant may petition the district court to stay the eviction order and shall post a cash or secured bond with the court in the amount determined by the court pursuant to G.S. 42A-24(d). (1999-…
N.C. Gen. Stat. § 42A-26
Violation of court order
Violation of court order. If a tenant fails to remove personal property from a residential property subject to a vacation rental after the court has entered an order of eviction, the landlord or real estate broker shall have the same rights as provided in G.S. 42-36.2(b) as if the sheriff had not removed the tenant's p…
N.C. Gen. Stat. § 42A-27
Penalties for abuse
Penalties for abuse. A landlord or real estate broker shall undertake to evict a tenant pursuant to an expedited eviction proceeding only when he or she has a good faith belief that grounds for eviction exists under the provisions of this Chapter. Otherwise, the landlord or real estate broker shall be guilty of an unfa…
N.C. Gen. Stat. § 42A-31
Landlord to provide fit premises
Landlord to provide fit premises. A landlord of a residential property used for a vacation rental shall: (1) Comply with all current applicable building and housing codes to the extent required by the operation of the codes. However, no new requirement is imposed if a structure is exempt from a current building or hous…
N.C. Gen. Stat. § 42A-32
Tenant to maintain dwelling unit
Tenant to maintain dwelling unit. The tenant of a residential property used for a vacation rental shall: (1) Keep that part of the property which he or she occupies and uses as clean and safe as the conditions of the property permit and cause no unsafe or unsanitary conditions in the common areas and remainder of the p…
N.C. Gen. Stat. § 42A-33
Responsibilities and liability of real estate broker
Responsibilities and liability of real estate broker. (a) A real estate broker managing a vacation rental property on behalf of a landlord shall do all of the following: (1) Manage the property in accordance with the terms of the written agency agreement signed by the landlord and real estate broker. (2) Offer vacation…
N.C. Gen. Stat. § 42A-36
Mandatory evacuations
Mandatory evacuations. If State or local authorities, acting pursuant to Article 1A of Chapter 166A of the General Statutes, order a mandatory evacuation of an area that includes the residential property subject to a vacation rental, the tenant under the vacation rental agreement, whether in possession of the property…
N.C. Gen. Stat. § 42A-37
Early termination of vacation rental agreement by military personnel
Early termination of vacation rental agreement by military personnel. (a) Any member of the Armed Forces of the United States who executes a vacation rental agreement and subsequently receives (i) an order for deployment with a military unit for a period overlapping with the rental period or (ii) permanent change of st…
N.C. Gen. Stat. § 42A-39
Human trafficking awareness reporting and training requirements
Human trafficking awareness reporting and training requirements. (a) Definitions. - The following definitions apply in this section: (1) Accommodation facilitator. - As defined in G.S. 105-164.3. (2) Employee. - As defined in G.S. 130A-492. (3) Human trafficking awareness training. - The training developed or identifie…