42-14.5. Foreseeability not created by criminal record; no duty to screen.
Notwithstanding any other duty or obligation which may be defined by this Chapter or otherwise provided by law or any theory of liability, the criminal record of any prospective or current residential lessee, occupant, or guest shall not make any future injury or damage arising from that residential lessee, occupant, or guest foreseeable by the residential lessor or residential lessor's agent, nor shall a residential lessor or a residential lessor's agent have a duty to screen for, or to refuse to rent because of, the criminal record of a prospective or current residential lessee, occupant, or guest. This statute does not prohibit a residential lessor or residential lessor's agent from using a criminal background check as grounds for refusing to rent to any prospective residential lessee or current lessee. (2021-71, s. 2.1.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 42 - Landlord and Tenant
Article 1 - General Provisions.
§ 42-1 - Lessor and lessee not partners.
§ 42-2 - Attornment unnecessary on conveyance of reversions, etc.
§ 42-3 - Term forfeited for nonpayment of rent.
§ 42-4 - Recovery for use and occupation.
§ 42-5 - Rent apportioned, where lease terminated by death.
§ 42-6 - Rents, annuities, etc., apportioned, where right to payment terminated by death.
§ 42-7 - In lieu of emblements, farm lessee holds out year, with rents apportioned.
§ 42-8 - Grantees of reversion and assigns of lease have reciprocal rights under covenants.
§ 42-9 - Agreement to rebuild, how construed in case of fire.
§ 42-10 - Tenant not liable for accidental damage.
§ 42-11 - Willful destruction by tenant misdemeanor.
§ 42-12 - Lessee may surrender, where building destroyed or damaged.
§ 42-13 - Wrongful surrender to other than landlord misdemeanor.
§ 42-14 - Notice to quit in certain tenancies.
§ 42-14.2 - Death, illness, or conviction of certain crimes not a material fact.
§ 42-14.3 - Notice of conversion of manufactured home communities.
§ 42-14.4 - Notice to State Bar of attorney default on lease.
§ 42-14.5 - Foreseeability not created by criminal record; no duty to screen.