42-4. Recovery for use and occupation.
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.)
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.