42-36. Damages to tenant for dispossession, if proceedings quashed, etc.
If, by order of the magistrate, the plaintiff is put in possession, and the proceedings shall afterwards be quashed or reversed, the defendant may recover damages of the plaintiff for his removal. (1868-9, c. 156, s. 30; Code, s. 1776; Rev., s. 2010; C.S., s. 2375; 1971, c. 533, s. 10.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 42 - Landlord and Tenant
Article 3 - Summary Ejectment.
§ 42-26 - Tenant holding over may be dispossessed in certain cases.
§ 42-27 - LocalRefusal to perform contract ground for dispossession.
§ 42-28 - Summons issued by clerk.
§ 42-30 - Judgment by confession, where plaintiff has proved case, or failure to appear.
§ 42-31 - Trial by magistrate.
§ 42-32 - Damages assessed to trial.
§ 42-33 - Rent and costs tendered by tenant.
§ 42-34 - Undertaking on appeal and order staying execution.
§ 42-34.1 - Rent pending execution of judgment; post bond pending appeal.
§ 42-35 - Restitution of tenant, if case quashed, etc., on appeal.
§ 42-36 - Damages to tenant for dispossession, if proceedings quashed, etc.
§ 42-36.1 - Lease or rental of manufactured homes.
§ 42-36.1A - Judgments for possession more than 30 days old.