Article 1.
Vacation Rentals.
§ 42A‑1. Title.
This Chapter shall be known as the North Carolina Vacation Rental Act. (1999‑420, s. 1.)
§ 42A‑2. 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 or licensed real estate brokers acting on their behalf present unique situations not normally found in the rental of primary residences for long terms, and therefore make it necessary for the General Assembly to enact laws regulating the competing interests of landlords, real estate brokers, and tenants. (1999‑420, s. 1.)
§ 42A‑3. 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‑1117 applies to properties covered under this Chapter.
(b) This Chapter does not apply to any of the following:
(1) Lodging provided by hotels, motels, tourist camps, and other places subject to regulation under Chapter 72 of the General Statutes.
(2) Rentals to persons temporarily renting a dwelling unit when traveling away from their primary residence for business or employment purposes.
(3) Rentals to persons having no other place of primary residence.
(4) Rentals for which no more than nominal consideration is given. (1999‑420, s. 1; 2019‑73, s. 1; 2022‑62, s. 4.)
§ 42A‑4. 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 vacation rental agreement.
(1a) Landlord. – An owner of residential property offered for lease as a vacation rental with or without the assistance of a real estate broker.
(1b) through (1f) Reserved.
(1g) Real estate broker. – A real estate broker as defined in G.S. 93A‑2(a).
(2) Residential property. – An apartment, condominium, single‑family home, townhouse, cottage, or other property that is devoted to residential use or occupancy by one or more persons for a definite or indefinite period.
(3) Vacation rental. – The rental of residential property for vacation, leisure, or recreation purposes for fewer than 90 days by a person who has a place of permanent residence to which he or she intends to return.
(4) Vacation rental agreement. – A written agreement between a landlord or the landlord's real estate broker and a tenant in which the tenant agrees to rent residential property belonging to the landlord for a vacation rental. (1999‑420, s. 1; 2016‑98, s. 1.1; 2017‑102, s. 13.1.)
§§ 42A‑5 through 42A‑9. Reserved for future codification purposes.