(a)        Who May Bring Action. – A civil action pursuant to this Article may be brought by the landlord of a leased residential premises, or the landlord’s agent, as provided for in N.C. Gen. Stat. § 1-57 of the General Statutes and in Article 3 of this Chapter.

(b)        Defendants to the Action. – A civil action pursuant to this Article may be brought against any person within the jurisdiction of the court, including a tenant, adult or minor member of the tenant’s household, guest, or resident of the leased residential premises. If any defendant‘s true name is unknown to the plaintiff, process may issue against the defendant under a fictitious name, stating it to be fictitious and adding an appropriate description sufficient to identify him or her.

(c)        Notice to Defendants. – A complaint initiating an action pursuant to this Article shall be served in the same manner as serving complaints in civil actions pursuant to N.C. Gen. Stat. § 1A-1, Rule 4 and N.C. Gen. Stat. § 42-29 (1995, c. 419, s. 1.)

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Terms Used In North Carolina General Statutes 42-62

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Guest: means any natural person who has been given express or implied permission by a tenant, a member of the tenant's household, or another guest of the tenant to enter an individual rental unit or any portion of the entire premises. See North Carolina General Statutes 42-59
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Landlord: means a person, entity, corporation, or governmental authority or agency who or which owns, operates, or manages any leased residential premises. See North Carolina General Statutes 42-59
  • leased residential premises: means a house, building, mobile home, or apartment, whether publicly or privately owned, which is leased for residential purposes. See North Carolina General Statutes 42-59
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Resident: means any natural person who lawfully resides in a leased residential premises who is not a signatory to a lease or otherwise has no contractual relationship to a landlord. See North Carolina General Statutes 42-59
  • Tenant: means any natural person or entity who is a named party or signatory to a lease or rental agreement, and who occupies, resides in, or has a legal right to possess and use an individual rental unit. See North Carolina General Statutes 42-59
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